Ala. Admin. Code r. 660-5-25-.06

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

Section 660-5-25-.06 - Other Day Care Arrangements - In-Home Care

(1) Definition. Day care/nighttime care provided for a child in his own home. The child care provider may be a relative or non-relative who may or may not live in the home with the child and his/her parent.

(2) There are no minimum standards for in-home care. If a parent/responsible caretaker selects in-home care, the Department has no regulatory responsibility in approving this day care arrangement.

(3) Purchase of In-Home Care.

(a) The Department will reimburse the parent/responsible caretaker for the cost, up to the maximum allowed, for in-home day care.

(b) Reimbursement for in-home day care will be made to JOBS participants clients eligible for transitional day care, and at risk income eligibles.

(1) Licensing Requirement. Refer to Rule 660-5-25-.05(1). A Group Day Care Home or Group Nighttime Home which is operational for more than four consecutive hours during a 24-hour period shall be subject to licensure.

(2) Legal Base. The Department of Human Resources is given the authority under Alabama statutes to prescribe and publish minimum standards for licensing and approving group day care homes and nighttime homes.

(3) Definitions.

(a) Group Day Care Home. A child-care facility which is a family home and which receives at least seven but no more than twelve children for care during part of the day where there are at least two adults present and supervising the activities.

(b) Group Nighttime Home. A child-care facility which is a family home which receives at least seven but no more than twelve children for nighttime care after 7 p.m. where there are at least two adults present and supervising the activities.

(c) Operator/Caregiver. The person responsible for daily operation and management of the group day care home, including supervision of caregiving staff and care and guidance of the children.

(d) Assistant Caregiver. A person providing care and guidance of the children in a group day care home, under the supervision of the operator/caregiver.

(e) Caregiving Staff. Includes the operator/caregiver and any assistant caregivers providing care and guidance of the children in a group day care home.

(f) Substitute. A person, at least 19 years of age, approved by the Department, and on call if the operator must be away from the home.

(g) Refer to Rules 660-5-25-.05(3) for other definitions which pertain to group day care home and group nighttime home.

(4) The Home - Physical Environment.

(a) Location.

1. The home shall be located in a neighborhood which meets local zoning ordinances.

2. The home shall meet all state, local, and municipal codes and ordinances. Inspections by the state or local fire department and by the local health department shall be requested as determined necessary by the Department, by the operator, or by officials of the fire and health departments.

(b) Space.

1. There shall be 32 square feet of usable play space available for each child present in the group day care home. Usable play space shall not include office space, bathrooms, bedrooms, storage rooms, or kitchens.

2. All rooms used for the care of children shall be well-lighted, adequately ventilated and comfortably cooled and/or heated.

3. All gas space heaters shall be vented.

4. No kerosene heaters or portable space heaters shall be used during hours of child care.

5. Any fans within reach of the children shall have enclosed blades.

6. The group day care home, its furnishings, and premises shall be maintained in a clean and safe condition.

7. The home shall have space for providing privacy to a child as needed, and to members of the operator/caregiver's household, whether for resting, studying, or other purposes. Bathing and dressing shall be done in private.

8. Space and facilities shall be available for the temporary care of sick children or of members of the operator/caregiver's household.

9. Space shall be available to each child for storing his personal items.

10. An outdoor play area of not less than 600 square feet shall be available. The outdoor play area will be enclosed by a fence, at least 4 feet in height, with a locking gate. The fence shall be in good repair.

11. The following regulations shall apply when a swimming pool is accessible to the area used for child care:

(i) When a swimming pool, exceeding 2 feet in depth is accessible to the area used for child care, the pool shall be enclosed by a fence, at least 4 feet in height, with a locked gate. The gate and all areas of access shall remain locked at all times the pool is not in use.

(ii) If children are allowed in the pool area, additional supervision shall be required. The child-staff ratio shall be one adult caregiver to one child under age 2 1/2 and one adult caregiver to five children 2 1/2 and above.

(iii) A person holding a current advanced lifesaving certificate shall be present at all times when the pool is in use.

(iv) The water shall be clean and treated in compliance with health department recommendations.

(v) When a wading structure (less than 2 feet in depth) is available to the children, there shall be continuous supervision by at least two adult caregivers. The wading pool shall be filled with clean water prior to each day's usage. The wading pool shall be emptied at the end of each day.

(vi) The group day care home shall have on file written, signed permission from each child's parent(s)/guardian(s) to allow participation in swimming or wading activities.

(vii) The operator/caregiver shall provide the parent(s)/guardian(s) with a written statement of pool regulations and qualifications of staff who will supervise swimming or wading.

(c) Safety.

1. The children shall be visually supervised at all times.

2. The home and grounds shall be free from anything which constitutes a danger or hazard, such as but not limited to: abandoned automobiles and household appliances, uncovered wells and cisterns; stacked lumber with exposed nails; and explosives. Safeguards shall be provided against potential hazards, such as but not limited to: carpentry tools, machinery, firearms and ammunition, stairs, open fires, heaters, cooking ranges, floor furnaces, and thermostatic controls.

3. All poisons and items labeled "Keep out of the reach of children" shall be kept in a locked cabinet.

4. Animals that could pose a threat to the health and safety of the children shall be kept in an area away from the children. A certificate of rabies vaccination shall be on file for any animal on the premises required by law to be vaccinated. Animals or breeds of animals which have shown aggressive behavior, shall not be kept on the premises.

5. All exposed electrical outlets in rooms used for the care of children shall have protective covers. Covers shall be large enough to prevent being swallowed.

6. A smoke detector, powered by the home's electrical service, shall be located within 10 feet of each bedroom and no more than 30 feet apart in hallways. In a two-story house (upstairs or basement) an additional smoke detector shall be located at the head of the stairway.

7. A fire extinguisher with at least a 2A-10BC rating shall be located in an accessible area of the home. The fire extinguisher shall be a dry chemical type, no less than 5 pounds in weight.

8. All approved exits shall be maintained in unobstructed, easily traveled condition at all times children are present.

9. All bathroom doors and doors of all other rooms accessible to children which have locks shall have available a device to allow the door to be opened from the outside in case of emergency. The device used to open locked doors shall be readily accessible to caregivers. Locks which would prevent children from exiting a room are prohibited.

10. Any stairway or steps in the home shall be maintained in a safe condition at all times. Landings, steps, and stairs shall be provided with handrails installed at child height. Stairways and steps in areas of the home accessible to children under three years shall have safety gates installed to prevent falling.

11. Hot tubs shall be drained or safely covered during the hours of child care.

12. Clear glass doors, such as patio type doors and storm doors, shall be plainly marked at children's eye level to prevent accidental impact.

13. Smoking is prohibited in the presence of children.

14. All video recordings, reading materials, etc., of a sexually explicit nature, or with violent or frightening content shall be kept in an area inaccessible to children.

(d) Emergency Procedures.

1. The group day care home shall have a working telephone.

2. The operator shall maintain a listing of names and telephone numbers, posted by the telephone for ready reference in emergency situations. The listing shall include:

(i) Each child's parent(s)/guardian(s);

(ii) Each child's responsible relative and doctor;

(iii) Police department;

(iv) Fire department;

(v) Hospital;

(vi) Poison control center;

(vii) Department of Human Resources;

(viii) Substitute helper; and

(ix) Alternate helper.

3. A written plan for the evacuation and/or care of the children in case of fire, tornado, serious accident or injury, or power failure shall be established and posted. The operator/caregiver shall inform any assistant and substitute caregivers of his/her duties and responsibilities in case of emergency. A fire drill program shall be established and practiced monthly to assure prompt evacuation of the home in case of emergency.

4. A statement, signed by the child's parent(s), or guardian(s) authorizing emergency medical care during the hours of care, shall be in the child's file in the home prior to attendance. (This is to be used if the parent(s)/guardian(s) cannot be located.)

(5) Caregiving Staff and Household Members.

(a) Personal Health.

1. Initially, the applicant/operator shall provide a medical report from a licensed practicing medical doctor or a physician's assistant. The initial report shall be dated within six months prior to licensing and shall document the date and result of a tuberculin skin test or chest x-ray. The medical report shall attest to the physical and mental suitability of the applicant/operator/caregiver to care for children and the person's freedom from infectious and contagious diseases. The statement shall be signed by the licensed practicing medical doctor or the physician's assistant and shall be on file with the Department. A copy of the medical statement shall be kept by applicant/operator/caregiver for the group day care home file.

2. At least every four years after the initial doctor's medical report is provided to the Department, the operator/caregiver shall obtain a report from a licensed practicing medical doctor or a physician's assistant which attests to the operator's freedom from infectious and contagious diseases and to his/her physical and mental fitness to care for children.

3. A medical report from a licensed practicing medical doctor or a physician's assistant shall be submitted initially and at least every four years thereafter on all members of the household who have contact with the children in care. Each report shall indicate the persons's physical condition and freedom from infectious and contagious diseases.

4. A medical report from a licensed practicing medical doctor or a physician's assistant shall be submitted initially and at least every four years thereafter on all assistant and substitute caregivers and household domestic help who have contact with the children in care or food served to the children in care. Each report shall indicate the person's physical condition and freedom from infectious and contagious diseases.

5. An operator/caregiver or assistant caregiver who shows indications of a physical, emotional, or mental conditions which could be detrimental to the children in care or which would prevent satisfactory performance of duties shall not continue giving care to children until the condition is cleared to the satisfaction of the examining medical doctor and the Department representative.

6. The Department representative shall require an additional medical or psychological evaluation, if a change in the condition of the operator/caregiver or assistant caregiver is evident. A release to allow the Department representative to confer directly with the doctor, shall be provided by the operator/caregiver upon request.

(b) Qualifications of the Operator/Caregiver.

1. A minimum of three references will be provided to the Department's representative to verify the character and suitability of the operator/caregiver to care for children. Three references shall also be provided for all adult household members who have contact with the children. All references shall be contacted by the Department representative.

2. The operator/caregiver shall be at least 19 years of age and shall have a high school diploma or GED. Prior to licensing, the operator/caregiver shall obtain at least 16 clock hours of on-site training in a facility approved by the Department. If such training is not immediately available, written approval from the Department to receive training within six months may be substituted.

3. The operator/caregiver shall have or shall obtain training in child development through participation in workshops, meetings, or one to one consultation. Documentation of 6 hours of training every 2 years shall be submitted to the Department.

4. The operator/caregiver shall not work outside the home or attend school during the hours of child care, and no other activities that take time and attention away from the children shall be performed in the home during the hours of child care. Household duties related to the care of the children shall be performed as necessary.

(c) Licensed Capacity and Ratio of Caregivers to Children.

1. The group day care home shall be licensed for no more than 12 children. The number and age range of the day or nighttime children shall conform to that which is specified on the license.

(i) The number of children present in the home shall not exceed the licensed capacity for any part of the day.

(ii) Drop-in and part-time children shall be counted in the licensed capacity regardless of the length of time they are present. These children shall meet the same requirements as full-time children.

(iii) Related children who do not live with the operator/caregiver 24 hours a day shall be included in the licensed capacity.

2. An assistant caregiver shall be present in the home whenever seven or more children are present.

(d) Qualifications of Assistant Caregivers and Substitute Caregivers.

1. The assistant caregiver shall be at least 19 years of age and able to read and write. They shall be competent to understand and carry out emergency procedures. The assistant caregiver shall receive at least 16 clock hours of training in child care during the first six months of employment.

2. Substitute caregivers shall be at least 19 years of age and able to read and write. They shall be available to assist in emergency situations or when the operator/caregiver is unavailable.

3. Assistant and substitute caregivers shall be approved by the Department representative. Medical reports and three references verifying the character and suitability of the caregivers shall be made available to the Department representative and shall be kept on file in the group day care home.

(e) Staff Training.

1. The operator/caregiver shall share information received in workshops, through consultation, etc., with assistant caregivers. In addition, all caregiving staff shall read the Minimum Standards for Group Day Care and Group Nighttime Homes and shall be informed of emergency procedures.

(6) Care of the Children.

(a) Health Practices and Physical Care.

1. Medical reports and immunizations.

(i) Each child under five years of age shall have, within 12 months prior to admission, a physical examination or medical screening or assessment (such as MediKids). The physical examination shall be performed by a licensed, practicing medical doctor, other medical personnel who are administratively responsible to a licensed, practicing medical doctor, or a licensed registered nurse who has access to consultation on a regular planned basis from a licensed, practicing medical doctor. Documentation of availability and frequency of consultation shall be in written form.

(ii) Effective July 1, 1993, each child under five years of age and five year olds who are not enrolled in public/private school kindergarten shall have an unexpired State of Alabama Certificate of Immunization (ADPH-F-IMM-50) on file in the home prior to the child's admission or one of the following conditions shall be met:

(I) An unexpired Alabama Certificate of Medical Exemption (ADPH-F-IMM-50) shall be on file in the home; or

(II) Where immunizations are waived on religious grounds, an Alabama Certificate of Religious Exemption (ADPH-F-IMM-50) shall be on file on the home.

(iii) In situations where medical services are not available, written verification of appointment to receive the medical examination shall be substituted for no more than three months, and shall be on file in the home.

(iv) Before a child with special needs such as a mental or physical handicap or a medical condition is received for care, the operator/caregiver shall receive a statement signed by a licensed physician which identifies the child's condition, indicates the limits of the child's participation in daily activities, and gives special instructions for the child's care.

2. Medication.

(i) If medication (prescription or over-the-counter) is to be administered by the operator/caregiver, it shall be given or applied only with prior written permission from a parent(s)/guardian(s).

(ii) Medication shall be kept in the original container, stored according to instructions and clearly labeled with the child's name.

(iii) The operator/caregiver shall keep all medications including over-the-counter medications, and medication belonging to household members in a locked cabinet or a locked box.

(iv) All children's medication shall be returned to the parent(s)/guardian(s) or disposed of properly when no longer needed.

(v) The operator/caregiver shall give or apply the medication according to the instructions provided by the parent(s)/guardian(s) or the child's physician. The operator/caregiver shall maintain a written record of the time and amount of medication given or applied.

(vi) Prescription medication shall have a pharmacy label indicating the physician's name, child's name, instructions, and the name of the medication.

3. Sanitation.

(i) The group care home, its furnishings, and premises shall be maintained in a clean and safe condition to provide a healthful environment for the general welfare of children.

(ii) The home and premises shall be kept free of standing water.

(iii) The home shall be maintained so as to prevent and/or eliminate rodent and insect infestation.

(iv) Any doorway, window, or other opening to the outside used for ventilation shall be equipped with screening in good repair to prevent insects from entering the home.

(v) Each sink, bathroom, or other water fixture used by the children shall be supplied with safe water from an approved source. Water shall be supplied from a public water system or from a private system which meets the requirements of the local health department.

(vi) Sewage and other water-carried wastes shall be disposed of through a municipal sewer system or into a private system which shall meet requirements of the local health department.

(vii) Garbage and trash shall be removed at intervals to prevent creating a nuisance or a menace to health. Garbage shall be stored in fly-proof and watertight containers with tight-fitting covers.

(viii) Sick children shall not be accepted for care. When a child becomes sick during care, he/she shall be isolated from the other children, in an area that allows for supervision and comfort until the child can be picked up. All bedding, toys, equipment, and bathroom fixtures used by a sick child or household members shall be cleaned and disinfected before being used by another child.

(ix) Handwashing sinks shall be supplied with warm running water. Hot water temperatures in sinks accessible to the children shall not exceed 120°. Paper towels or single use cloth towels shall be provided for hand drying.

4. Toileting and Diapering.

(i) Bathroom facilities shall be clean and adapted for the comfort and safety of the children. Stools with nonskid legs shall be available for handwashing and toileting. If potty chairs are used, they shall be emptied into the toilet, washed and disinfected after each use.

(ii) Bathroom fixtures including toilet, sink, counter surfaces, and floors shall be cleaned and disinfected daily. More frequent cleaning shall be done as necessary.

(iii) The diapering area shall be covered with disposable paper which is changed after each use, or shall have a washable surface which is cleaned and disinfected after each use.

(iv) Disposable diapers shall be placed in a covered container with plastic liner out of the reach of the children.

(v) Cloth diapers shall be rinsed in the toilet if soiled and placed in a plastic bag out of reach of the children.

(vi) Caregivers shall wash hands thoroughly after each diaper change. The diapering area shall be located as near as possible to a sink but not in the kitchen. Paper towels or single use cloth towels shall be provided for hand drying.

(vii) Children shall not be left unattended during diapering.

(viii) The operator/caregiver shall work with the parent(s)/guardian(s) on when to begin toilet training procedures. Toilet training shall not be started until a child has been in the home long enough to feel comfortable. The child shall be able to communicate his needs and understand what is asked of him/her. The operator/caregiver shall consult with parent(s)/guardian(s) on their effort in toilet training to ensure a consistent and relaxed toilet training process. No child shall be made to sit on the potty or toilet for more than five minutes.

5. Rest/Sleep.

(i) Infants, toddlers, and preschool children shall have a period of rest/sleep each day, according to their individual needs. School-age children shall be allowed to rest/sleep if needed, but shall not be required to do so.

(ii) The group day care home shall provide cribs and/or cots for children who rest/sleep during hours of care. The cots shall be clean and sanitary and free of hazards at all times and shall be of such quality as to ensure good sleeping posture. Coverings shall be appropriate to the season and shall be made of materials commonly used for bed linen. Sheets and covers shall be laundered weekly or more often) when soiled. Each child shall have his/her own bedding. Clean bedding shall be supplied prior to use by another child.

(iii) All children under 12 months of age shall sleep alone in a crib. All children between 12 and 18 months of age shall sleep alone in a crib or on a low cot. Children over 18 months shall sleep alone on a cot.

(iv) After a child has rested for a reasonable period of time he/she shall be allowed to get up and occupy himself/herself with quiet activities.

6. Health Reporting.

(i) The operator/caregiver shall promptly report any accident, suspected illness, or other changes observed in the child's health, to the parent.

(ii) If a communicable disease occurs among the children in the home, the operator/caregiver shall notify the parent(s)/guardian(s) of each exposed child immediately so that the child may be observed for symptoms of disease.

(iii) The operator/caregiver shall report in writing any injury or serious contagious illness occurring while the child is in care, requiring professional medical attention, to the Department within five days of occurrence.

(iv) Each child shall be observed for illness and/or injuries upon his/her arrival at the group day care home or group nighttime home, and if possible, shall be observed in the presence of the parent/guardian. The operator/caregiver is required by law, to report known or suspected child abuse or neglect to the County Department of Human Resources or the local chief of police, or county sheriff. The report shall be made immediately by telephone or direct oral communication, followed by a written report, containing all known information. The law also contains immunity provisions so that any person making a report in good faith is immune from any civil or criminal liability. The law further provides that all reports of child abuse or neglect, investigative reports by the Department of Human Resources, and certain other records of child abuse and neglect are considered confidential under penalty of criminal law. The operator/caregiver shall cooperate with Department personnel on any child abuse or neglect investigation, including providing information to workers and allowing access to children and records.

(b) Activities.

1. The operator/caregiver shall plan a balanced daily program of activities appropriate to the number and ages of the children. A written plan of activities shall be posted each week. Plans shall include such activities as stories, creative art, rhythm and music, building and manipulative toys, dramatic play or make believe games, science experiences, water play, climbing, and sand and digging. There shall be periods of quiet play and periods of active play. Time for listening and talking with children shall be included daily.

2. Television may be used to supplement and enhance the daily plan for the children, but viewing shall be limited to children's programs. Videos shall be viewed by the operator/caregiver for appropriateness prior to being seen by the children. No child shall be required to watch television.

3. When children participate in field trips, there shall be a written plan including destination, adults and children involved, and transportation arrangements. Written permission shall be obtained from the parent(s)/guardian(s) before each field trip.

4. Except in extremely inclement weather, there shall be outdoor play each day for the children, including infants and toddlers.

5. All activities shall be planned for positive development of the children. Potentially harmful activities shall be avoided.

(c) Equipment.

1. All equipment shall be sturdy, safe, and clean. Unsafe equipment shall be repaired or removed from the home or play yard.

2. The operator/caregiver shall provide a variety of toys, games, and other play equipment appropriate to the ages and interests of the children in care. Shelves or cabinets shall be provided so that toys can be stored in an orderly way.

3. Variety of outdoor equipment shall be available. Climbers, swings, and other large equipment shall be securely anchored and placed over grass, sand, or other soft surfaces instead of concrete or asphalt.

(d) Discipline. The caregivers shall use positive methods of discipline which encourage self-control, self-direction, self-esteem, and cooperation. The play area shall be arranged to ensure the safety of each child and lessen the opportunity for inappropriate behavior. Disciplinary practices shall be according to the following requirements:

1. Limits or rules shall be understandable to the children.

2. Expected behavior shall be on the child's level.

3. A kind, firm voice shall be used.

4. Discipline shall be consistent and fair.

5. Discipline shall not be associated with food, naps, or bathroom procedures.

6. No corporal/physical punishment shall be used.

7. Discipline shall not be carried out in a humiliating, shaming, or frightening manner.

8. Discipline shall be related to the behavior and shall be carried out as soon as possible after the misbehavior.

9. No verbal abuse, threats or derogatory remarks about the child or his/her family shall be used.

10. Discipline carried out by the child's peers shall not be allowed or encouraged.

(e) Transportation. The operator shall adhere to the following requirements regarding the transportation of children:

1. The caregiver shall not transport children in a vehicle without the written consent of the parent(s)/guardian(s).

2. The caregiver shall use federally approved car seats, which are properly installed and maintained, when transporting children under three years of age.

3. Children age 3 and older shall be secured in an individual seat belt or in federally approved car seats of the appropriate size.

4. Children shall not be left unattended in a vehicle.

5. The driver shall have a valid driver's license and shall also be secured in a seat belt, whenever children in care are being transported.

6. There shall be an adult in addition to the driver whenever 7 or more children are being transported.

7. All adults and children shall be secured in a seat belt.

8. Written transportation plans shall be submitted to the Department.

(f) Nutritional Needs. The operator shall provide a nutritious meal and snacks each day for the children in care. Meals and snacks shall be planned in accordance with USDA guidelines.

1. Mid-morning, mid-afternoon and bedtime snacks shall be available as needed and shall consist of at least two of the following four choices:

(i) Milk or milk products;

(ii) Meat or meat alternate;

(iii) Fruit, vegetable or full strength juice; and

(iv) Bread, cereal, crackers or other bread products.

2. A meal shall be provided for children in care and shall consist of at least the following:

(i) Meat or meat alternate;

(ii) Vegetables, and/or fruits (2 vegetables or one vegetable and one fruit);

(iii) Bread or bread product; and

(iv) Milk.

3. Formula or food for infants and other special diets recommended or prescribed by a physician, shall be prepared as directed or provided by the parent(s)/guardian(s). Special foods for children shall be clearly labeled with the child's name and stored as directed.

4. Breakfast shall be served to children who go directly to school from nighttime care, unless breakfast is provided by the school or by the parent(s)/guardian(s). Breakfast shall consist of at least the following:

(i) Fruit or vegetable or full strength juice;

(ii) Bread or bread product; and

(iii) Milk.

5. Fluid milk shall be served. No powdered milk shall be used for drinking.

6. Menus shall be planned at least one week in advance and posted for parents to see.

7. Water shall be offered to the children several times a day.

(g) Meal Service.

1. Caregivers and children shall wash their hands before eating or preparing foods. Disposable paper or single use cloth towels shall be provided for drying hands.

2. Feeding chairs shall be provided for infants. Child-size tables and chairs shall be provided for preschool children. Feeding chairs and tables on which food is served shall be thoroughly cleaned prior to and after snacks and meals. Each child's food shall be served from an individual dish.

3. Napkins and forks and/or spoons shall be provided for children who feed themselves.

4. All formula and food brought from home shall be labeled with the child's name and properly stored. Milk and prepared formula shall be placed immediately in the refrigerator. Previously opened baby food jars shall not be accepted by the operator/caregiver. All formula remaining in the bottle after a feeding shall be discarded.

5. Infants shall be held when fed from a bottle. Bottles shall not be propped.

6. The size of servings shall be adequate to meet children's needs. Food, including dessert or milk, shall not be forced on or withheld from a child.

(h) Food Protection and Preparation.

1. Food shall be in good condition and from an approved commercial source.

2. No home-canned foods shall be used.

3. Food shall be protected from contamination during storage, preparation, and serving. Potentially hazardous foods, such as milk, eggs, meat, poultry or fish, shall be maintained at a temperature of 45° F or below except during necessary preparation. A thermometer shall be placed in the refrigerator to assure proper temperature for food protection. Foods prepared in advance of serving time shall be maintained at a safe temperature (below 45 degrees or above 140 degrees).

4. All food preparation surfaces and utensils shall be thoroughly cleaned before use.

5. Once food has been served to a child, portions of leftover food shall not be served again.

6. Tableware cooking utensils, and all food contact surfaces shall be thoroughly cleaned after each use.

7. Containers of poisonous or toxic materials shall be clearly labeled for easy identification of contents. Such materials shall be stored in a locked cabinet, inaccessible to children and away from food storage and preparation areas.

8. Live animals, including birds and turtles, shall not be allowed in food storage, food preparation, and/or food service areas.

9. Floors in food preparation and service areas shall be swept and/or vacuumed daily and mopped as required to maintain cleanliness.

10. Smoking shall be prohibited in areas of food storage, food preparation, and/or food service.

(i) Nighttime Care.

1. A nightly schedule shall be planned for the hours the children are awake.

2. The operator/caregiver shall work with the parent(s)/guardian(s) to provide consistency between the family and the nighttime group home bedtime routines.

3. The scheduling of arrival and departure of children, and the grouping of children shall be arranged so that no child is deprived of sleep or has his/her sleep unnecessarily disrupted.

4. The number of children in nighttime care shall not exceed the number of children for which the nighttime home is licensed. At least one adult in addition to the operator/caregiver shall be present whenever 7 or more children are present.

5. Children shall have shower, tub, or sponge baths as needed for body cleanliness. When a bathtub is used, fresh water shall be provided for each use. Children shall not be left unattended in the bathtub.

6. Cots, fitted with firm mattresses shall be provided for children who receive their regular night's sleep in the home. Cots shall be clean and sanitary and free of hazards and shall be of such quality as to ensure good sleeping posture. Bedding shall be appropriate to the season. Sheets and covers shall be laundered weekly or more often when soiled. Each child shall have his/her own bedding. Bedding shall be changed prior to use by another child.

7. All children under 12 months of age shall sleep alone in a crib. Children 12 to 18 months shall sleep alone in a crib or on a low cot fitted with a firm mattress. Preschool children shall sleep alone on cots fitted with firm mattresses.

8. Sleepwear shall be clean and comfortable and labeled with the child's name.

9. Each child's toilet articles (such as combs, toothbrushes, etc.) shall be labeled with the child's name, kept separate, and in sanitary condition.

(7) Administration.

(a) General Administrative Responsibilities of the Operator/Caregiver.

1. The operator/caregiver shall not discuss or disclose personal information regarding children and facts learned about children and their relatives except:

(i) With the parent/guardian or the person/persons authorized by the parent(s)/guardian(s) to receive such information;

(ii) With the agency assisting the parent/guardian with planning for the child; or

(iii) With the Department representative.

2. The operator/caregiver shall maintain the prescribed minimum standards and regulations. The operator is responsible for providing care appropriate to meet the daily needs of the children in care. The operator/caregiver shall consult with the Department representative as needed for the benefit of care of the children.

3. An operating budget (actual or projected) shall be submitted initially to the Department representative. There shall be financial resources available to provide for the satisfactory care of the children in care in regard to upkeep of the home and the provision of nutritious meals, safe play equipment, and required arrangements for comfortable rest/sleep.

4. A copy of the current license and most recent licensing evaluation for the group day care home or group nighttime home shall be posted in a conspicuous place in the home.

5. A daily attendance record shall be kept for children in care. Documentation shall be provided showing that the assistant caregiver was present when 7 or more children were in the home. This record shall be available for review by the Department representative.

(b) Reports to the Department. The following reports are required:

1. Monthly reports shall be completed on the last working day of each month and submitted to the Department within five days on a specified form provided to the operator/caregiver by the Department.

2. Verbal report within 24 hours of any accident in which a child receives an injury requiring professional medical attention, followed by a written report within 5 days.

3. Changes in the assistant or substitute caregiver.

4. Any change of address or telephone number of the operator/caregiver.

5. Serious accidents or serious illness of the operator/caregiver or household members.

6. Child abuse and neglect reports.

7. Serious damage, such as weather damage, fire damage, vandalism, etc., to the group day care home or the premises which affects the care of the children, shall be reported verbally within 24 hours, followed by a written report within 5 days.

(c) Information Provided to Parent(s)/Guardian(s).

1. The operator/caregiver shall provide parent(s)/guardian(s) with a written statement of services to be provided by the operator/caregiver, and rules and policies of the home. A copy of this written statement shall be provided to the Department representative.

2. Agreements shall be made between the parent(s)/guardian(s) and operator/caregiver pertaining to child-care practices, schedules, fees, hours of care, meals and special needs.

3. Parent(s)/guardian(s) shall be informed of their right to visit and observe their child in the group day care home at any time during the hours of care.

4. Parent(s)/guardian(s) shall be informed in writing regarding procedures they may use to make a complaint. Parent(s)/guardian(s) shall also be informed of how they may obtain a copy of the Minimum Standards.

(d) Information to be Obtained from Parent(s)/Guardian(s).

1. Pertinent information needed about the child's general health, his/her usual routines, required pre-admission form and child's medical report and immunization certificate shall be provided when a child is accepted for care.

2. Transportation arrangements for the child to and from the home shall be discussed with the operator/caregiver. Written authorization of person(s) allowed to pick up the child shall be given to the operator/caregiver.

3. A written list of people to contact in an emergency if the parent(s)/guardian(s) cannot be reached shall be on file. The list shall include person's name, address, telephone number and relationship to the child.

4. Written permission allowing the operator/caregiver to transport the child if transportation is provided, shall be on file.

5. Written permission for use of the swimming pool and/or wading pool if this is available, shall be on file.

6. Written authorization for the operator/caregiver to obtain emergency medical care for the child if the parent cannot be reached shall be on file prior to the child's entering care.

(e) Records to be Kept by Operator/Caregiver.

1. There shall be three references on each assistant caregiver, substitute, and all adult household members. Reference information on the operator/caregiver shall be maintained by the Department representative.

2. Medical reports on the assistant caregiver and any substitute caregiver shall be maintained.

3. Children's records shall contain medical forms, immunization certificates, transportation authorization, swimming permission, emergency medical care authorization, child's pre-admission forms, parent(s)/guardian(s) information including name, address, telephone, place of employment, work hours, and general background information on the child and the family.

4. The operator/caregiver shall maintain records on children and caregiving staff for at least 2 years after the child or staff member has left. Copies of the report to the Department shall also be kept for 2 years.

(f) Responsibilities of the Department.

1. Visits may be made at any time at the discretion of the Department of Human Resources or its representative, without prior notice, for the purpose of determining compliance with the Minimum Standards, investigating complaints, or any other department-related purpose.

2. The Department representative shall make prompt decisions on applications and renewals, and issue licenses for approved applications.

3. The Department representative shall maintain confidentiality concerning information regarding the operator/caregiver, other caregiving staff, household members of the group day care home, and the children and families being served.

(8) Character and Suitability Requirement.

(a) All applicants and holders of a child-care license or six-month permit, all applicants for employment in a paid or voluntary position, and all current employees in paid or voluntary positions must be suitable and of good moral character in order to operate or work in a child-care facility. All applicants shall be investigated to determine character and suitability to hold a license/permit or work in a child-care facility. For purposes of this requirement, an applicant includes individuals as well as all board members and officers of corporations, partnerships, associations or other legal entities.

(b) In addition to those listed below, factors relevant in assessing character and suitability include, but are not limited to, character references, community reputation, work history, criminal history, personal history, interpersonal skills, mental and physical limitations, and psychological problems.

(c) The criminal record on individuals must be reviewed, and will be a factor in determining the character and suitability of individuals to hold a license or six-month permit or work in a child-care facility.

1. All applicants for a license or six-month permit and all staff members and applicants for a license/permit or employment, in paid or voluntary positions, must reveal on their application all past criminal convictions and/or current charges, except for minor traffic violations (parking and improper turning, stopping, or vehicle equipment tickets), since age 16.

2. The licensee or permit holder, and all staff members must advise the Department of all criminal convictions and/or current criminal charges, except for minor traffic violations (parking and improper turning, stopping, or vehicle equipment tickets), which occur after the licensee/permit holder attains a license/permit or during the course of employment with the child-care facility.

3. A licensee/permit holder, staff member, or applicant for employment for a paid or voluntary position is considered unsuitable to work or continue to work in a child-care facility if he/she has a criminal conviction in this or another state at any time which:

(i) Involves a sex-related crime. Such crimes include, but are not limited to, sexual abuse, sexual exploitation, molestation, rape, child pornography, sale or exhibition of obscene materials, sodomy, sexual mischief, incest, enticement for immoral purposes, prostitution, pandering or promoting prostitution, and obscenity; or

(ii) Involves serious intentional, reckless or negligent physical injury, danger or death of any person. Such crimes include, but are not limited to, murder, homicide, manslaughter, assault with a weapon, reckless endangerment, kidnapping, and unlawful imprisonment; or

(iii) Involves a crime against a child. In addition to those crimes listed in (i) and (ii), such crimes include, but are not limited to, abandonment, endangerment, and assault.

4. Convictions for crimes other than those listed in paragraph 3. above will be evaluated to determine whether or not they constitute a danger to children based on the seriousness of the crime, the existence of extenuating circumstances, the propensity to recommit the crime, and evidence of rehabilitation since the crime was committed.

(d) The character and suitability of a licensee/permit holder, staff member, or applicant for employment, in a paid or voluntary position, to hold a license or six-month permit or to work in a child-care facility may also be assessed by a review of the past history of the individual regarding their truthfulness and their ability to care for children. False or misleading statements made by the individual to the Department or other government or center personnel regarding incidents or events occurring while on the job or surrounding part of any child abuse or neglect investigation conducted by the Department, law enforcement or other government officials are considered as evidence of unsuitable character.

(e) Applicants for a license/six-month permit and holders of licenses/six-month permits who are discovered to have had a history of operating without a license and refusal to, cease operations and apply for a license or permit or refusal to allow the Department to conduct investigations regarding their activities or allegations of abuse and neglect are also considered as evidencing unsuitable character.

(f) A good character and suitability review shall be conducted on all applicants for a license/permit, staff members, and all applicants for employment, who are discovered to have been determined by a child or adult protective service agency in any state, to have perpetrated the abuse or neglect of a child or adult. Determinations which fail within the general subject area outlined in paragraph (c) above, even if no criminal conviction has occurred, are considered as evidence of unsuitable character.

(9) Licensing Procedure.

(a) Application for a License. An application form for a license to give group day care or to give group nighttime care to children will be provided to the applicant by the Department. Applications shall contain all information requested on the form, including the applicant's social security number.

(b) Examination and Investigation of the Application. Upon receipt of the completed application, an examination of the home and an investigation of the family and household members shall be made by a representative of the Department. The examination and investigation will include, but are not limited to, visits to the home and interviews with family and household members, with references, and with such other persons so as to give the Department representative a clear understanding of the home and the applicant.

(c) The Director of the County Department or his/her designee approves/denies the issuance of licenses six-month permits and renewal of licenses to operate group day care homes and group nighttime homes.

(d) Six-Month Permit.

1. If specific areas of the minimum standards are identified as lacking in the basic services to children, and if the applicant for a license indicates her intentions to attain minimum standards, the Department may issue a six-month permit to persons making initial application for a license to allow such persons reasonable time to become eligible for a full license. Issuance of a permit is evidence that the Department approves the person's temporary operation. One renewal of a six-month permit may be issued at the discretion of the Department. The probationary six-month permit (alternative to revocation) is not to be confused with the six-month permit issued to persons making initial application for a license.

2. The Department's decision to issue a six-month permit shall be after the group home's prospective licensee has met the following:

(i) Completed application;

(ii) Completed medical on the operator/caregiver, assistant caregiver and all household members who have contact with the child;

(iii) References on the operator/caregiver, assistant caregiver and all adult household members who have contact with the children.

(iv) Safety measures in the home and in the outdoor play area;

(v) Attainment of age and educational requirements of the operator/caregiver;

(vi) Attainment of requirements of the fire and health and zoning department when requested by the Department;

(vii) Plan which has been approved by the Department, to meet requirements regarding number and age range of children to be served; and

(viii) A complete review of Minimum Standards for Group Day Care Homes by the operator/caregiver and assistant caregivers.

(e) Demonstration Permit/License. The Department may issue a demonstration permit or license to a facility to operate experimental or pilot child-care physical plants, programs or activities designed to help develop new or modified minimum standards for group day care homes/group nighttime homes or to study the effectiveness of current minimum standards for group day care homes/group nighttime homes. A facility issued a demonstration permit or license shall operate in compliance with the established minimum standards as modified by the restrictions, requirements, and other terms of operation placed upon the facility by the Department. A demonstration permit/license may be time-limited or nonrenewable. Failure to operate the facility in compliance with applicable minimum standards, restrictions, requirements, and terms of operation is grounds for suspension or revocation of the permit or license issued. A facility granted a demonstration permit or license shall be entitled to a Department hearing as any other facility holding a regular permit or license.

(f) Disposition of the Application. Upon the receipt of all licensing material, including a medical statement, a decision to approve or to deny the application will be made by the Department based on the findings of the examination and investigation.

1. If the decision is to license the home, a license will be issued to the applicant. The license becomes effective on the date it is issued by the Department and it must be conspicuously displayed in the dwelling used for child care.

2. If denial of the application is indicated, the Department will notify the applicant in writing of the decision, pointing out those areas of the minimum standards which have not been met. The applicant may withdraw the application either verbally or in writing.

(g) Renewal of a License.

1. Application for renewal of a license to continue operating a group day care home or a group nighttime home shall be made to the Department thirty days prior to the expiration date on the current license, and on forms prescribed by the Department.

2. A renewal of a license shall be issued, if, upon reexamination, the Department is satisfied that the group day care home or the group nighttime home continues to meet and to maintain the prescribed standards.

(10) Provisions of the License.

(a) Licenses issued by the Department for group day care homes and group nighttime homes are valid for two (2) years from the date of issuance, unless revoked by the Department.

(b) The licensee may voluntarily surrender the license.

(c) The number of children received in a group day care home or a group nighttime home shall not exceed the number and age limitations specified on the license for any part of the day.

(d) A group day care home or a group nighttime home, operating under a license, may publish advertisements of the services offered.

(e) The license is nontransferable and is void if the family moves to another dwelling.

(f) The Department shall have the right, and its authorized representatives shall be afforded reasonable opportunity to inspect in its entirety any child-care facility seeking a license, any child-care facility seeking a renewal of a license, and any child-care facility which is operating under a license or a six-month permit. Such inspection shall be made at any reasonable time, without prior notice. This inspection shall include the entire facility.

(g) No person shall hold a license for a group day care home and a license for a group nighttime home simultaneously without special permission by the County Department. Nighttime homes, in the context of these standards, means a facility in operation past 7:00 p.m.

(h) Any operator who violates any terms or provisions or any reasonable standard or regulation prescribed and published by the Department is guilty of a misdemeanor and shall be fined not less than $100 nor more than $1000 or be imprisoned in the county jail not longer than one year, or both such fine and imprisonment, as specified by the court.

(11) Unlicensed Facilities. If the Department finds that a group day care home or group nighttime home is operating without a license, the Department shall report the results of its investigation to the Attorney General for prosecution. The Department may delay making said report for a period of time, not to exceed 60 days, to allow the operator of the group day care home or group nighttime home an opportunity to apply for a license or a six-month permit to meet the standards for group day care homes or group nighttime homes.

(12) Probationary Permit (Alternative to Revocation).

(a) Within the licensure period, the Department may issue one six-month permit on a provisional basis to a licensed child-care facility found to be out of compliance with the Department's minimum standards where such noncompliance does not represent a hazard to the health or safety, or physical, moral or mental well-being of the children in care. During this six-month period, the child-care facility shall correct the items which were in noncompliance and report the corrections to the Department for determination of eligibility for a full license.

(b) The Department cannot consider the issuance of this probationary permit as an alternative to revocation unless the child-care facility has voluntarily surrendered its license to the Department.

(c) This probationary six-month permit is not to be confused with the six-month permit issued to persons making initial application for a license.

(13) Revocation of a License.

(a) The Director of the County Department or his/her designee may revoke or refuse to renew the license to operate a group day care home or group nighttime home, or refuse to issue a full license to the holder of a six-month permit should the operator(s):

1. Consistently fail to maintain standards prescribed and published by the Department;

2. Violate the provisions of the license issued;

3. Furnish or make any misleading or any false statements or reports to the Department;

4. Refuse to submit to the Department any reports or refuse to make available to the Department any records required by the Department in making investigation of the home for licensing purposes; provided, however, that the Department shall not revoke or refuse to renew a license in such case unless it has made written demand on the person, operating the home requesting such report or reports and such person, fails or refuses to submit such records for a period of ten days.

5. Fail or refuse to submit to an investigation by the Department;

6. Fail or refuse to admit authorized representatives of the Department at any reasonable time for the purpose of investigation;

7. Fail to provide, maintain, equip and keep in safe and sanitary condition the premises established or used for child care as required under standards prescribed by the Department, or as otherwise required by any law, regulation or ordinance applicable to such home;

8. Refuse to display its license or permit;

9. Fail to maintain financial resources adequate for the satisfactory care of children served in regard to upkeep of premises and provisions for personal care, medical services, clothing, learning experience and other essentials in the proper care, rearing and training of children; or

10. Fail to adhere to all terms of the Day Care Home Agreement.

(b) If the Department makes the decision to revoke or refuse to renew the license or six-month permit, a pre-revocation hearing must be held in order to discuss the intended action and give the licensee/permit holder an opportunity to show why the action should not be taken. Notice of the pre-revocation hearing and notice of action taken by the Department following the pre-revocation hearing shall be sent to the licensee/permit holder by certified mail unless waived. The pre-revocation hearing does not alter the person's right to a fair hearing.

(c) If an inspection of a licensed day care or nighttime home by the Department discloses any condition, deficiency, dereliction or abuse which is, or could be, hazardous to the health, safety, physical, or mental well-being of the children in the care of the child-care facility being inspected, the Department shall have the power to immediately suspend without notice the license or six-month permit. The suspension may remain in effect for a period of not longer than 120 days and shall not be renewable. A pre-revocation hearing shall be scheduled as soon as possible to give the licensee/permit holder an opportunity to show why the license/permit shall not be revoked. Notice of the pre-revocation hearing and notice of action taken by the Department following the pre-revocation hearing shall be sent to the licensee/permit holder by certified mail unless waived. The pre-revocation hearing does not alter the person's right to a fair hearing.

(d) No pre-denial hearing is required to be held prior to the denial of an initial application for a license or six-month permit.

(14) Request for a Fair Hearing.

(a) An aggrieved person may request a fair bearing in the following situations:

1. If an application for an initial license, six-month permit or an approval is denied;

2. If an application for a renewal of a license, six-month permit or an approval is denied;

3. If an application for an initial license or renewal of a license, six-month permit or an approval is not acted upon within reasonable promptness; or

4. If a license, six-month permit or an approval is revoked.

(b) Notice of the opportunity to request a fair hearing shall be given by certified mail.

(c) When a pre-revocation hearing has been held, a request for a fair hearing must be filed within 14 calendar days of the notice of revocation. Any existing license, six-month permit or approval shall remain in effect during the 14-day time period to request a hearing. If a hearing is requested, the existing license, six-month permit or approval shall remain in effect until, and including, 30 days after the final decision on a request for a rehearing.

(d) If the Department determines, and states in writing, that a danger to the public health, safety or welfare requires emergency suspension, the existing license, permit or approval may be suspended immediately or on the date specified in the notice of suspension.

(e) In all other situations where a pre-action hearing has not been held, a request for a fair bearing must be filed within 60 calendar days of the action (or inaction) with which the aggrieved person is dissatisfied.

(15) Conduct of Fair Hearing.

(a) When a pre-revocation hearing has been held, the fair hearing will be conducted on the record. No additional evidence or testimony will be admitted unless it can be shown that it is material to the issues of the case and could not have been presented at the prior hearing with reasonable diligence or that the additional evidence was not allowed at the prior hearing due to unlawful procedures.

(b) When a pre-action hearing has not been held, the fair hearing is to be conducted in accordance with the general procedures found in Chapter 660-1-5. The following modifications and exceptions to Chapter 660-1-5 as it pertains to day care centers and nighttime centers apply:

1. An aggrieved person as defined in 660-1-5.01(1), includes the applicant, licensee or holder of a six-month permit or approval whose:

(i) Application for license or approval is denied; or

(ii) Application for renewal of license or approval is denied; or

(iii) License, approval or six-month permit is revoked, or suspended or otherwise modified; or

(iv) Application for license or approval is not acted upon with reasonable promptness. "Reasonable promptness" is defined as 30 days from the date of the receipt by the Department of all information required to make the decision to grant or deny the license or approval.

2. The following rules are not applicable:

(i)660-1-5-.02(2) Choice or Action and (3) Informal Conference;

(ii)660-1-5-.11 Group Hearing; and

(iii)660-1-1-.12 Combined Hearings.

Author:

Ala. Admin. Code r. 660-5-25-.06

Effective July 18, 1983. Permanent amendment effective November 18, 1988 (formerly Rule 660-5-25-.07). Emergency amendment effective April 1, 1990. Succedent permanent amendment effective July 10, 1990. Succedent emergency amendment effective April 1, 1991. Succedent permanent amendment effective July 10, 1991. Succedent emergency amendment effective October 1, 1991. Succedent permanent amendment effective January 9, 1992. Amended: Filed December 18, 2000; effective January 22, 2001.

Rule 660-5-25-.05 was repealed and replaced as New chapter 660-5-26, as per certification filed December 18, 2000; effective January 22, 2001.

660-5-25-.05 Day Care Licensure - Minimum Standards For Day Care Centers And Nighttime Centers.

Author:

Statutory Authority:Code of Ala. 1975, §§ 38-4-5 through -6, §§ 38-7-1 through -17, §§ 4l-22-1-through -27.

History: Effective July 18, 1983. Emergency amendment effective October 1, 1983, superseded by emergency amendment effective October 24, 1983. Permanent amendment effective February 21, 1984. Succedent amendment effective December 10, 984. Succedent emergency amendment effective March 25, 1988. Succedent permanent amendment effective June 9, 1988. Permanent repealer effective November 18, 1988. New adoption effective November 18, 1988. Succedent emergency amendment effective July 18, 1991. Succedent permanent amendment effective October 10, 1991. Amended: Filed April 6, 1993; effective May 11, 1993. Amended: Filed March 7, 1995; effective April 11, 1995. Amended: Filed February 6, 1997; effective March 13, 1997. Repealed: Filed December 18, 2000; effective January 22, 2001.

660-5-25.06 and 660-5-.07 was repealed and replaced with new chapter 660-5-27, as per certification filed December 18, 2000; effective January 22, 2001.

660-5-25-.06 Day Care Licensure - Minimum Standards For Group Day Care Homes And Group Nighttime Homes.

Author:

Statutory Authority:Code of Ala. 1975, §§ 38-4-5 through -6, §§ 38-7-1 through -17, §§ 41-22-1 through -27.

History: Effective July 18, 1983. Emergency amendment effective October 1, 1983, superseded by emergency amendment effective October 24, 1983. Permanent amendment effective February 21, 1984. Succedent amendment effective December 10, 1984. Succedent permanent amendment effective June 9, 1988. Permanent repealer effective November 18, 1988. New adoption effective November 18, 1988. Succedent emergency amendment effective July 15, 1991. Succedent permanent amendment effective October 10, 1991. Amended: April 6, 1993; effective May 11, 1993. Amended: Filed March 7, 1995; effective April 11, 1995. Repealed: Filed December 18, 2000; effective January 22, 2001.

Statutory Authority:P.L. 100-485, Titles II and III; 42 U.S.C. §§602, 681 - 687; 45 C.F.R. Parts 250 and 255; 54 Fed. Reg. 42145-42267; Title IV-A of the Social Security Act, §§402(1) and 403(n); Code of Ala. 1975, §§ 38-7-1 through -17 as amended by Act No. 81-310, Acts of Alabama 1981; JOBS State Plan and State Supportive Services Plan.

Ed Note: Was Previously 660-5-25-.09, renumbered to 660-5-25-.06 as per certification filed December 18, 2000; effective January 22, 2001.