Ala. Admin. Code r. 660-5-37-.01
Current through Register Vol. 43, No. 1, October 31, 2024
Section 660-5-37-.01 - Legal Authority(1) Licensing Requirement. Any person, group of persons or corporation who or which receives children or arranges for care or placement of one or more children unrelated to the operator must apply for a license or approval to operate a child-care facility. Application for such license or approval to operate a child care facility shall be made to the Department in the manner and on forms prescribed by it.(2) Legal Base. The Department of Human Resources is given the authority under Alabama Statutes to prescribe and publish Minimum Standards for Licensing and for approving child-care facilities.(3) Definitions. For the purposes of this document, the following definitions apply. (a) Child. Any person under 19 years of age, a person under the continuing jurisdiction of the juvenile court pursuant to Section 12-15-32, or a person under 21 years of age in foster care as defined by the Department of Human Resources.(b) Department. The Department of Human Resources of the State of Alabama.(c) Related. Any of the following relationships by blood, marriage, or adoption: parent, grandparent, brother, sister, stepparent, stepbrother, stepsister, step grandparent, half brother, half sister, uncle or aunt, and their spouses.(d) Facility for Child Care of 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 children.(e) Child Care Institution or Institution for Child Care. A child care facility where more than 10 children are received and maintained for the purpose of providing them with care or training or both, or transitional living program services, but does not include: 1. Any institution for child care which is under the ownership or control, or both, of the State of Alabama, or which is operated or certified or licensed by another agency or department of the state of Alabama;2. Any juvenile detention home established and operated by the state of Alabama;3. Any bona fide boarding school in which children are primarily taught branches of education corresponding to those taught in schools, grades 1 through 12, or taught in public elementary schools, high schools or both elementary and high school.(f) Maternity Center. A facility in which any person, agency or corporation receives or cares for one or more minor pregnant girls, except that the term does not include hospitals.(g) Group Home. A child care facility where at least seven but not more than 10 children are received and maintained for the purpose of providing them with care or training or both, or transitional living services.(h) Shelter Care. The temporary care of children in group homes, foster care or other non-penal facilities.(i) Abuse. 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 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.(j) Neglect. Negligent treatment or maltreatment of a child, including the failure to provide adequate food, medical treatment, supervision, clothing, or shelter.(k) Child. A person under the age of 18 years. Author: Linda S. Stephens
Ala. Admin. Code r. 660-5-37-.01
Repealed and New Rule: Filed November 15, 1999; effective December 20, 1999; operative March 1, 2000.Statutory Authority:Code of Ala. 1975, §§ 38-7-1 through -17, §§ 41-22-1 through -27, § 12-15-1(23), § 26-14-1.