Ala. Admin. Code r. 660-5-27-.07

Current through Register Vol. 42, No. 10, July 31, 2024

Section 660-5-27-.07 - Administration

(1) General administrative responsibilities of the applicant/licensee.

(a) The applicant/licensee shall apply for a license to operate a child care home on the required form(s). (See Rule 660-5-27-.03, Licensing Procedures, for additional information.)

(b) An application for renewal of the license shall be submitted to the Department at least thirty (30) calendar days prior to the expiration of the license on the required form(s). It is the sole responsibility of the licensee to obtain the required form(s) and to submit the form(s) to the Department as required.

(c) The applicant/licensee shall read and be familiar with the Standards and assume final authority and responsibility for meeting and maintaining Standards.

(d) 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.

(e) The following documents shall be posted in a place in the home easily seen by parent(s)/guardian(s):

1. the home's current license or permit;

2. the most recent licensing evaluation form;

3. the most recent deficiency report form;

4. public notice form;

5. the name and telephone number for law enforcement, fire department, hospital, poison control and the Department of Human Resources;

6. Emergency Preparedness and Response Plans;

7. corrective/adverse action notices;

8. daily schedule.

(f) Any information regarding children and facts learned about children and their relatives shall be kept confidential and shall not be shared except:

1. with the parent(s)/guardian(s) or person(s) authorized by parent(s)/guardian(s) to receive such information, or

2. with the Department. (See Code of Ala. 1975, Section 38-7-13.)

(g) The licensee shall provide the parent(s)/ guardian(s) and the Department with a written statement of the rules and policies of the home. These rules and policies shall be given to parent(s)/guardian(s) when the child is enrolled and shall include at least the following:

1. A statement of child care services to be provided including days and hours of care and fees;

2. Information about the substitutes and how they will be used;

3. Information about any animals on the premises;

4. Information about pools on the premises and if the children will have access to the pool;

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

6. Statement regarding Standards requirements for illness and injury;

7. A daily schedule which includes a minimum of sixty (60) minutes of moderate to vigorous active play and physical activities indoors and outdoors;

8. Disciplinary practices;

9. An Emergency Preparedness and Response Plan that addresses situations covered on pages 23-24 of The Standards.

(h) The licensee shall provide parent(s)/guardian(s) and the Department in writing, of any changes in the home's rules and policies.

(i) The licensee's social security number or tax ID number shall be made available to the parent(s)/guardian(s) on request.

(2) Reports to the Department.

(a) Enrollment reports, indicating the number and ages of children enrolled in the home, shall be submitted to the Department upon written request from the Department.

(b) The licensee shall report any known or suspected child abuse or neglect to the County Department of Human Resources, the local chief of police or the county sheriff.

(c) The following shall be reported verbally within 24 hours, and followed by a written report within 5 days:

1. any injury/illness requiring professional medical treatment of any child;

2. any injury/illness requiring emergency medical treatment;

3. any death occurring in the home;

4. changes in caregivers or substitutes (new or additional caregivers or substitutes);

5. any change in the name of the licensee;

6. any change in the name or number of the street address of the licensed home made by a government agency. (Note: any change in location requires a new license);

7. any change in the telephone number of the licensee, caregiver, or substitute;

8. serious accidents or serious illness of the licensee or household members;

9. serious damage to the home or grounds;

10. changes in members of the household (new household members moving into the home, household members moving out of the home, birth of a child);

11. any arrest of the licensee, household members, caregivers, substitutes, domestic workers, volunteers, or any other persons who have contact with the children or unsupervised access to the children;

12. final disposition of any child abuse/neglect investigation involving the licensee, household members, caregivers, substitutes, domestic workers, volunteers, or any other persons who have contact with the children or unsupervised access to children.

13. any disastrous event.

(d) Any physical or structural changes in the home or on the grounds such as but not limited to: remodeling; renovations; or installation of a swimming pool, shall be reported to the Department in advance.

(e) Any change in location (move to another home) shall be reported to the Department in advance. (Note: A new license must be applied for and obtained before receiving children in the new location.)

(3) Records to be kept by the licensee.

(a) Copies of initial and updated medical reports for the licensee.

(b) Results of Tuberculin skin tests or chest x-rays.

(c) Written verification of education for the applicant/licensee.

(d) Written verification of training for the applicant/licensee, including:

1. written documentation of a current Infant-Child (Pediatric) Cardiopulmonary Resuscitation Certification (CPR) and a current First Aid Certificate;

2. a current American Red Cross Lifeguard training certificate if the home has a pool and the children in care are allowed in the pool area;

3. written verification of training received through workshops, meetings, recorded/printed materials, or one to one consultation.

(e) The following information shall be kept in an individual file in the home for each assistant caregiver and each substitute:

1. three (3) references;

2. State Central Registry on Child Abuse/Neglect Clearance Form must be issued within the last five (5) years and updated every five (5) years thereafter (See Rule 660-5-27-.05, for details). Forms can be obtained from the Department's website;

3. Criminal history background information, including;

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

(ii) Identification verification of name, date of birth, race and sex 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.

4. medical reports;

5. results of tuberculin skin tests or chest x-rays;

6. written verification regarding emergency procedures;

7. written verification of having read the Standards;

8. written verification of education;

9. written verification of training, including:

(i) written documentation of a current Infant-Child Cardiopulmonary Resuscitation Certification (CPR) and a current First Aid Certificate;

(ii) a current American Red Cross Lifeguard training certificate if the home has a pool and the children in care are allowed in the pool area;

(iii) written verification of training received through workshops, meetings, videotapes, or one to one consultation (not required for substitutes).

(f) Records on caregivers and substitutes shall be kept for at least two (2) years after the caregiver or substitute leaves.

(g) A current certificate of rabies vaccination for animals required by law to be vaccinated.

(h) Children's records shall be on file in the home on the child's first day of attendance and shall include at least:

1. Child's Pre-Admission Record, on the required form, including: child's name; birthdate; home address; name, address, and telephone number of child's parent(s)/guardian(s); name, address, and telephone number of mother's and father's employer; emergency contact information; name, address, and telephone number of child's doctor; signed authorization for emergency medical treatment; special needs or instructions; list of persons child may be released to; signed statement that parent(s)/ guardian(s) understands that the Department does not inspect activities away from the facility; permission signed by the child's parent(s)/guardian(s) for the child to participate in activities away from the facility, transportation provided by the facility, and swimming/wading provided by the facility; child's first day of attendance; child's withdrawal date; the child meets the definition of homelessness, according to the McKinney-Vento Homeless Assistance Act.

2. written authorization, signed by the parent(s)/ guardian(s) to administer medication or medical procedures, if applicable, and written record of medication administration;

3. immunization certificates. (See Rule 660-5-27-.06)

(i) Children's records shall be kept for at least two (2) years after the child leaves care.

(j) Any other information about the children shall be kept in the children's records.

(k) Any information regarding children and facts learned about children and their relatives shall be kept confidential and shall not be shared except:

1. with the parent(s)/guardian(s) or person(s) authorized by parent(s)/guardian(s) to receive such information, or

2. with the Department. (See Code of Ala. 1975, Section 38-7-13.)

(l) Confidentiality

1. Children's records and information about children and their families shall be kept confidential.

2. Confidential information about children and their families shall not be used or disclosed for any purpose not directly related to the well-being of the child.

3. Any discussion about children and their families shall be treated as confidential.

4. Confidential information including children's records shall be accessible only to authorized persons.

5. The Department shall have the right to inspect records, including children's records.

(m) Transportation checklists and sign in and sign out sheets shall be kept on file in the home for the current year plus two additional years.

Ala. Admin. Code r. 660-5-27-.07

New Rule: Filed December 18, 2000; effective January 22, 2001. Amended: Filed November 2, 2007; effective December 7, 2007.

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.

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.