(b)
Reimbursements for day care in a related home will be made to JOBS
participants, clients eligible for transitional day care and at risk income
eligibles.
(1) Licensing Requirement. Any
person, group of persons, or corporation who or which receive children or
arranges for care or placement of one or more children unrelated to the
operator must apply for a license or for approval with the exception of certain
preschool programs operated by churches and religious nonprofit elementary
schools which are exempt from the licensing requirements providing proper
notice is filed.
(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 day care
centers and nighttime centers.
(3)
Definitions.
(a) Child. Any person under 19
years of age.
(b) Adult. Any
individual 19 years of age or over.
(c) Infant. In the context of these
regulations shall mean any child between birth and the time of his/her walking
independently.
(d) Toddler. In the
context of these regulations shall mean any child between the age of his/her
walking independently and 2 1/2 years of age.
(e) Preschool Child. In the context of these
regulations shall mean any child between the ages of 2 1/2 years and lawful
school age.
(f) School-Age Child.
Any child of lawful school age.
(g)
Department. The State or County Department of Human Resources.
(h) 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.
(i) Commissioner. The Commissioner of the
Alabama State Department of Human Resources.
(j) Related. Any of the following
relationships by blood, marriage, or adoption: parent, grandparent, brother,
sister, stepparent, stepbrother, stepsister, halfbrother, halfsister, uncle or
aunt, and their spouses.
(k)
Parent(s)/Guardian(s). The custodial parent(s) or legal guardian(s) or legal
custodian, of the child enrolled or in the process of being enrolled in a child
day care center.
(l) 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.
(m) Day Care Center. Any
child-care facility receiving more than twelve children or daytime care during
all or part of a day. The term "day care center" includes, but is not limited
to, facilities commonly called "child-care centers", "day nurseries", "nursery
schools", "kindergartens", and "play groups", with or without stated
educational purposes. Such term further includes, but is not limited to,
kindergarten or nursery schools or other daytime programs operated as a part of
a private school and receiving more than twelve children younger than lawful
school age for daytime care for more than four hours a day, with or without
stated educational purposes. The term does not include:
1. Kindergartens or nursery schools or other
day-time programs operated by public elementary systems or secondary level
school units or institutions of higher learning;
2. Kindergartens or nursery schools or other
day-time programs, with or without stated educational purposes, operating no
more than four hours a day and receiving children younger than lawful school
age;
3. Kindergartens or nursery
schools or other day-time programs operated as a part of a private school and
receiving children younger than lawful school age for four hours a day or less,
with or without stated educational purposes;
4. Facilities operated for more than four
hours a day in connection with a shopping center or service or other similar
facility, where transient children are cared for temporarily while parents or
custodians of the children are occupied on the premises or are in the immediate
vicinity and readily available; provided, however, that such facilities shall
meet local and state fire and health requirements;
5. Any type of day care center that is
conducted on federal government premises; or
6. Special activities programs for children
of lawful school age including, but not limited to, athletics, crafts
instruction and similar activities conducted on an organized and periodic basis
by civic, charitable and governmental organizations; provided, however, that
local and state fire and health requirements are met.
(n) Nighttime Center. A child-care facility
which is established to receive twelve or more children for care after 7
p.m.
(o) Character and Suitability.
The person maintains business/professional, family, and community relationships
which 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.
(p) Licensee. Any person, group of persons,
or corporation, to whom the license is issued.
(q) Director. The staff person responsible
for the day to day operation and management of a child day care
center.
(r) Program Director. The
person responsible for the programmatic functions and supervision of all staff
who work directly with children.
(s) Staff or Center Staff. Administrative,
program, service, and volunteer personnel including the licensee when the
licensee is an individual.
(t)
Child-Care Worker/Teacher. A person having primary responsibility for the care
of a group of children and meeting the specified qualifications.
(u) Group. A group is a specific number of
children and staff assigned to be together throughout the day. This definition
would permit more than one group to occupy the same physical space.
(v) Aide. A person responsible for assisting
a qualified child-care worker in program implementation and supervision of
children.
(w) Resource Person. A
person who visits the center for the purpose of enhancing the program, who has
no direct responsibility for the care of the children and is not counted in the
child-staff ratio. Resource persons include but are not limited to: community
officials such as the mayor, fireman, police officer; enrichment instructors
such as dance, music, art; health professionals such as nurses, doctors,
dentists; parents who wish to share individual talents, experiences, or
travels.
(x)
Physician. An individual licensed to practice medicine
in any of the 50 states or the District of Columbia.
(y) Child Abuse And Neglect. According to the
Code of Ala. 1975, §
26-14-1, harm or threatened harm
to a child's health or welfare, which can occur through nonaccidental physical
or mental injury, sexual abuse or attempted abuse or sexual exploitation or
attempted sexual abuse or attempted sexual exploitation. "Sexual abuse"
includes rape, incest and sexual molestation 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, clothing or shelter; provided, that a parent or guardian
legitimately practicing his religious beliefs who thereby does not provide
specified medical treatment for a child, for that reason alone, shall not be
considered a negligent parent or guardian; however, such an exception shall not
preclude a court from ordering that medical services be provided to the child,
where his/her health requires it.
(z) Developmental Disabilities. Public Law
98-527, "The Developmental Disabilities Assistance and Bill of Rights Act", as
amended, defines a developmental disability as a "severe, chronic disability of
a person which: Is attributable to a mental or physical impairment or
combination of mental and physical impairments; is manifested before the person
attains age twenty-two; is likely to continue indefinitely; results in
substantial functional limitations in three or more of the following areas of
major life activity: self-care; receptive and expressive language; learning;
mobility; self-direction; capacity for independent living; and economic
self-sufficiency; and reflects the person's need for a combination and sequence
of special interdisciplinary, or generic care, treatment, or other services
which are lifelong or extended duration and are individually planned or
coordinated."