Statutes, codes, and regulations
Alabama Administrative Code
Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES
Chapter 660-5-27 - DAY CARE LICENSURE - CHILD CARE LICENSING AND PERFORMANCE STANDARDS FOR FAMILY DAY CARE HOMES, FAMILY NIGHTTIME HOMES, GROUP DAY CARE HOMES, AND GROUP NIGHTTIME HOMES
Section 660-5-27-.02 - Definitions

Ala. Admin. Code r. 660-5-27-.02

Download
PDF
Current through Register Vol. 43, No. 1, October 31, 2024
Section 660-5-27-.02 - Definitions

In the context of these regulations, the following definitions apply.

(1) ADULT. Any person 19 years of age or older.
(2) ASSISTANT CAREGIVER. A person providing care and guidance of the children in a group day care/nighttime home, under the supervision of the licensee.
(3) BIO CONTAMINANTS. A living organism or product that can harm animals or humans if inhaled, swallowed, or otherwise absorbed into the body.
(4) CAREGIVER. A person providing care and guidance of the children in the home.
(5) CHARACTER AND SUITABILITY. The person maintains business/professional, family, and community relationships that are characterized by honesty, fairness, truthfulness, and concern for the well-being of others to the extent that the person is considered suitable to be entrusted with the care, guidance, and protection of children.
(6) CHILD. Any person under 19 years of age.
(7) CHILD ABUSE AND NEGLECT. According to the Code of Ala. 1975, Section 26-14-1, abuse is defined as harm or threatened harm to a child's health or welfare. Harm or threatened harm to a child's health or welfare can occur through nonaccidental physical or mental injury, sexual abuse or attempted sexual abuse or sexual exploitation or attempted sexual exploitation. "Sexual abuse" includes the employment, use, persuasion, inducement, enticement, or coercion of any child to engage in, or having a child assist any other person to engage in any sexually explicit conduct or any simulation of the conduct for the purpose of producing any visual depiction of the conduct; or the rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children as those acts are defined by Alabama law. "Sexual exploitation" includes allowing, permitting, or encouraging a child to engage in prostitution and allowing, permitting, encouraging or engaging in the obscene or pornographic photographing, filming, or depicting of a child for commercial purposes. Neglect is defined as negligent treatment or maltreatment of a child, including the failure to provide adequate food, medical treatment, supervision, clothing or shelter.
(8) COMMISSIONER. The Commissioner of the State Department of Human Resources.
(9) DAY CARE HOME. A child care facility which is a family home and which receives not more than six (6) children for care during the day.
(10) DEPARTMENT. The State or County Department of Human Resources.
(11) DEPARTMENT'S REPRESENTATIVE. An employee or designee of the State or County Department of Human Resources, acting as the authorized agent of the Commissioner in carrying out the responsibilities and duties specified in Code of Ala. 1975.
(12) EARLY INTERVENTION SERVICES STAFF/VENDORS. A person employed by the Alabama Department of Rehabilitation Services or a vendor thereof, who provides direct services to children in licensed facilities. Early Intervention services may include, but are not limited to, any developmental delay of twenty-five per cent in any developmental area, speech therapy, hearing, vision, physical therapy, occupational therapy, or other services. Service providers are not considered home staff and are not required to have a record on file at the home. When the services are provided to a child in a licensed child care facility, the individual shall present photographic identification verifying employment with the Department of Rehabilitation Services or the Vendor thereof and a copy of their suitability letter documenting that a criminal history background check has been performed and the individual has been determined suitable.
(13) FACILITY FOR CHILD CARE OR CHILD CARE FACILITY. A facility established by any person, group of persons, agency, association or organization, whether established for gain or otherwise, who or which receives or arranges for care or placement of one or more children, unrelated to the operator of the facility, apart from the parents, with or without the transfer of the right of custody, in any facility as defined in this chapter, established and maintained for the care of the children.
(14) FAMILY HOME. A family home is the dwelling in which the applicant/licensee resides. (Residence is determined by address, mortgage payment or rent, voting district, property taxes, etc.)
(15) 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.
(16) LAWFUL SCHOOL AGE. For purposes of these regulations, this term includes children who are five (5) years of age on or before September 1, (or the date on which school begins in the enrolling district pursuant to Code of Ala. 1975, § 16-28-4) of a given year. This definition corresponds with the minimum age at which a child is entitled to admission to public school kindergarten.
(17) LICENSEE. Any person, group of persons, or corporation, to whom the license or permit is issued.
(18) NIGHT CARE FACILITY. A child-care facility which is a center or a family home receiving a child or children for care after 7:00 p.m. A "night care facility" is further defined as follows:
(a) NIGHTTIME HOME. A family home which receives no more than six children for care after 7 p.m.
(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, where there are at least two adults present and supervising the activities.
(19) PARENT(S)/GUARDIAN(S). The parent(s), legal guardian(s), or legal custodian of the child.
(20) RELATED. Any of the following relationships by blood, marriage, or adoption: parent, grandparent, brother, sister, stepparent, stepbrother, stepsister, half brother, half sister, uncle or aunt, and their spouses.
(21) SUBSTITUTE. A person, at least 18 years of age, who meets the qualifications and is on call if the licensee must be away from the home.
(22) SUPERVISION. Responsibility for each child and accountability for his/her care by giving direct and full attention to the children at all times.
(23) UNIVERSAL PRECAUTIONS. Safety procedures established to reduce the spread of infectious disease through blood and bodily fluids.

Ala. Admin. Code r. 660-5-27-.02

New Rule: Filed December 18, 2000; effective January 22, 2001.
Amended by Alabama Administrative Monthly Volume XXXVIII, Issue No. 04, January 31, 2020, eff. 4/22/2019.
Amended by Alabama Administrative Monthly Volume XXXIX, Issue No. 10, July 30, 2021, eff. 9/13/2021.

Author: Teresa Haag

Statutory Authority:Code of Ala. 1975, as amended (hereinafter referred to as Code), §§ 38-7-1 through 38-7-18, § 41-22-19, §§ 38-2-6(10), (12), (13), (15), § 26-14-3, § 26-14-4.