Ala. Admin. Code r. 950-1-10-.03

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

Section 950-1-10-.03 - Administration

(1) Board of Directors: Each center shall be incorporated with a Board of Directors of where established by a local unit of government; the governing body shall serve as the Board of Directors, having the following functions:

(a) The Board and the Department:

1. The Board shall consult with the Department prior to establishing a new center, changing the basic Program, or extending services into additional Programs or geographic areas.

2. The Board shall notify the Department when there is a change of the Executive and/or the Chief Officer of the Board.

3. The Board shall provide financial information for the Department upon request.

(b) Board Responsibilities:

1. The Board shall articulate the purpose, goal, and function of the center.

2. The Board shall establish written by-laws governing the organization, duties, and operation of the Board.

3. The Board shall establish written operating policies concerning organizational structure, personnel practices, and policies of intake, care, treatment, and release of youths from the center.

4. The Board shall provide a plan for at least an annual update of goals, policies, purpose and Procedures of the center with the input from the staff through the administrator.

5. The Board shall acquaint its members with specific requirements of minimum standards, and familiarize itself with, and promote progressive philosophies of youth care, and shall seek constantly to provide a professionally sound Program for youths.

6. The Board shall employ a qualified administrator and delegate to him the responsibility for administration of the center.

(c) The Board and Financing:

1. The Board shall be responsible for providing operating and capital funds. Financial policies and practices shall be in accord with sound budgeting, disbursement, and Audit Procedures.

2. The Board shall provide evidence that sufficient funds are available for operation of the center.

3. The Board shall approve the annual budget in advance and submit the approved budget as a part of its application for a license to the Department for approval.

4. The Board shall provide for proper bonding of Board Officers and employees who handle operating or capital funds of the center.

5. The Board shall provide for an annual Audit by a qualified auditor, not on the staff of the center and if operated by a licensed youth care institution, the auditor shall not be on the staff of the parent organization.

6. The Board shall, upon request, provide a copy of the Audit to the Department.

(2) Administrative Responsibilities and Duties: The duties of the administrator shall include, but are not limited to the following:

(a) Direct and evaluate a Program of youth care services within the limits of policy and Procedure as established by the Board and approved by the Department.

(b) Make regular comprehensive reports to the Board on all phases of the operation of the center.

(c) Prepare the annual budget, and supervise expenditure of funds with Board approval.

(d) Plan and direct the professional administration of the center and delegate responsibility to staff members, as appropriate.

(e) Make regular reports to the Department in accordance with requirements by the Department.

(f) Recruit, appoint, evaluate and terminate staff consistent with sound personnel or merit system practices.

(g) Develop a plan for orientation, development, and Training of new staff members.

(h) Make provision for continuity of administrative authority in his own absence.

(i) Notify the Board in the event of an incident which might endanger the life of a youth, staff member, or other person.

(j) Assess the total operation of the center at least annually, prepare agenda for each Board meeting with the Chairman of the Board, report to the Board at each Board meeting the successes and failures, the progress and problems, and make appropriate recommendations to the Board.

(k) Interpret program to interested individuals and groups.

(l) Enlists financial support in accordance with the Board's direction and approval. The administrator, however, shall not be assigned nor shall he assume any primary responsibility for fund-raising or other activities which interfere in any way with his administrative responsibilities in conducting the center unless another full-time staff member is assigned responsibility and authority for day-to-day youth care of the center.

(m) Maintain daily population report on each youth which includes youth's name, age, reason referred and county, and name of person making referral.

(n) Conduct regular staff meetings regarding policies, Procedures, methods of handling problems, program planning and staff attitudes.

(o) Oversee all phases of the daily Program including:

1. Academic Program as appropriate for each youth,

2. Purchasing of supplies and equipment, maintaining inventory control list,

3. Staff shift schedules,

4. Maintenance of physical plan,

5. Food services,

6. Housekeeping,

7. Organized recreation,

8. Use of volunteers.

(p) Prepare an evaluation of the Program by a method approved by the Department and submit to the Board and Department at least annually.

(3) Administrative Regulation:

(a) Written personnel policies which have been developed by the Board and Administrator shall include policies to insure confidentiality of personnel files, policies regulating salaries, fringe benefits, working hours, sick leave, vacation, holidays, retirement, annual evaluation, personnel grievance, and termination Procedure and shall be on file and shall be available to each employee.

(b) Administrative files shall also include, but are not limited to the following:

1. Qualifications and job descriptions for all positions, which shall be reviewed annually by the Board and the Administrator and the Department.

2. A confidential file shall be established for each employee, to include at least the application for employment, reference contacts, annual evaluations, documentation of entrance and in-service Training programs completed, and report of Physical Examinations as required. A memorandum shall be made concerning any verbal reference contact. Files shall be available for review by the Department upon request.

(4) Staffing Requirements:

(a) All employees of the center shall meet the specific qualifications for their particular position, as stated in job descriptions of the center. No person may be excluded from consideration due to race, creed, or sex.

(b) Any staff member having full responsibility for youth care shall be at least nineteen years old.

(c) Medical examinations for staff shall be made at least annually and shall be on file.

(d) There should be sufficient number of qualified staff to give individual attention to each youth's physical and emotional needs at all times. There will be at least one counselor for every 15 students, and where an educational component is included, there shall be at least one teacher for every 15 students. At no time should youths be left unsupervised, even temporarily.

(5) Administrative Staff:

(a) In centers where the staff consists of at least an administrator and counselors, the administrator shall have at least the following qualifications:

1. A baccalaureate degree in the field of behavioral science, social work, psychology, administration, or a related field, from a college or university accredited by one of the six regional accrediting associations of the United States.

2. Preferably, successful employment as a youth care worker, probation officer or social worker with experience in family and children's services.

(b) In centers where no separate positions for an administrator exists, the counselor or teacher can be the administrator. This employee must meet the same minimum requirements as outlined for the administrator.

(c) In those centers where administrative functions and youth care functions are vested in the same person, the following shall apply:

1. Where the center is a satellite program of a parent youth care institution, supervision and consultation for the youth care worker shall be provided by the parent organization.

2. Where the center is unrelated to another Agency or institution, ongoing consultation for the youth care worker/administrator shall be provided at least monthly. Consultation may be secured by such resources as the probation officers of the county juvenile Court, a mental health clinic, the Department, or another recognized social Agency. The consultation plan must be developed and approved by the Department prior to receiving a license.

(d) All staff persons employed within the center are required to meet the minimum entrance and in-service Training requirements approved or provided by the Department.

(6) Youth Care Staff: Youth care staff are those persons whose major responsibility is the direct care of youths. Except as provided under paragraph 5b, youth care staff shall at least have the following qualifications:

(a) A high school diploma or a GED certificate.

(b) Physical health adequate to participate, when appropriate, in the activities of youths, as documented by the annually required medical examinations.

(c) Minimum age of nineteen years.

(d) Good moral character, personal maturity, and emotional stability as evidenced by reference or other appropriate documentation. This shall not exclude ex-offenders of consideration for employment.

(e) Successful completion of required entrance and in-service Training as approved or provided by the Department.

(7) Clerical Staff: Where clerical staff are employed, the following shall apply:

(a) Staff shall be selected on the basis of personal and technical qualifications and job descriptions.

(b) Staff shall be sufficient in number to keep correspondence, Records, bookkeeping, and files current and in good order.

(8) Case Worker /Counselor:

(a) The center shall:

1. Employ its own Case Worker/Counselor staff; or

2. Contract with a cooperating Agency or agencies to provide social and counseling services. A written agreement shall be drawn between the center and the social service Agency providing such services. The agreement shall detect specific duties to be performed for the center relative to Admissions, discharges, and treatment planning.

3. A center shall not be required to employ or contract for social services if the Department, probation officer staff of the juvenile Court or other agencies agree to provide social services. Such agencies shall insure by written agreement that weekly Counseling with each youth for whom they are responsible will be provided.

(b) The Case Worker/Counselor shall:

1. Have at least a baccalaureate degree from an accredited college or university, with graduate training in a behavioral science field.

2. In lieu of graduate training, have two years of full-time, supervised work in employment in an Agency serving families and children; or

3. In centers where social services are supervised by an individual who has graduate training, a person with a baccalaureate degree without experience may be employed as a case worker/counselor.

(9) Ancillary Staff: The Program or center shall make arrangements to obtain professional services offered by psychiatrists, psychologists, teachers, and other specialists as those services may be appropriate. Also, the center shall make arrangements to obtain teacher aides, van drivers, and secretaries when those services are appropriate or needed. All specialists used by the center shall be qualified and/or licensed in their respective professional fields.

(10) Volunteers:

(a) Volunteers shall not be permitted to assume total responsibilities or duties of any paid staff members.

(b) If the center uses volunteers, it shall:

1. Develop a plan for the screening, orientation, Training and use of volunteers.

2. Designate a staff member to assign, supervise, and evaluate volunteers.

3. Keep on file documentation of Training received and the schedules of the hours and activities of volunteers.

(c) Recruitment of volunteers should involve representatives of a cross section of the community.

(d) All rules that apply to volunteers shall apply to interns in the center. Plans for work responsibility and supervision shall be made in conjunction with the school making the intern placement.

(11) Confidentiality of Records and Information About Youth and Their Families:

(a) Confidential information concerning youths shall not be used or disclosed for any purpose without Court order or signed consent for release of information from youth and legal guardian.

(b) Confidentiality of all information about youth and their families shall be maintained as follows:

1. By keeping case Records in files that are locked when unattended, with both files and Records marked "Confidential."

2. By restricting any disclosure of the whereabouts of the youths except to the juvenile Court having jurisdiction or person(s) holding legal custody, unless prohibited by order of the juvenile Court.

3. By treating as confidential any and all discussion of information about youths and their families.

Ala. Admin. Code r. 950-1-10-.03

New Rule: Filed December 17, 2004; effective January 21, 2005.

Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 02, November 30, 2018, eff. 12/21/2018.

Author: Alabama Department of Youth Services, Office of Licensing and Standards

Statutory Authority:Code of Ala. 1975, §§ 44-1-27(a)(b), 44-1-24(4)(6), 38-13-4.