Current through Register Vol. 42, No. 11, August 30, 2024
(1)
Applicant/Licensee. Any person, group of persons or corporation interested in
operating a child care center shall:
(a)
Apply for a license or authorize, in writing, a representative to do
so.
(b) Assume full authority and
responsibility for meeting and maintaining standards.
(c) Provide operating funds to staff, equip,
and maintain the center.
(d)
Designate a director and delegate to her/him the authority/responsibility for
the day to day operation and management of the center.
(e) Establish written operating policies of
the center.
1. A copy of the center's written
operating policies shall be provided to the parent(s)/guardian(s) at the time
of the child's enrollment.
2. A
copy of the center's written operating policies shall be submitted to the
Department.
3. Operating policies
shall not contradict the Standards.
4. Changes in the center's operating policies
shall be provided to the parent(s)/guardian(s) and to the Department.
(2) Reports to the
Department
(a) The following shall be reported
in writing to the Department prior to occurrence:
1. change in ownership (if a change in
ownership occurs, the center shall not continue to operate until the new owner
applies for and is issued a license, permit, or approval);
2. change in location (if a change in
location occurs, the center shall not continue to operate until a new license
is applied for and a license, permit, or approval is issued for the new
location);
3. change of the
director of the center;
4. change
of chief executive officer of the corporation or members of the
board;
5. alterations to the center
or grounds;
6. major change or
extension of basic operating schedule (hours) or program.
7. change in the center's address or
telephone number.
(b) The
following shall be reported to the Department
within 24 hours after
occurrence, with written explanation to follow within five (5) days:
1. any injury requiring professional medical
treatment of any child or staff person while at the center or during away from
the center activities;
2. any
illness occurring at the center or during away from the center activities which
requires emergency medical treatment;
3. any death occurring at the center or
during away from the center activities;
4. major damage to the facility;
5. interruption of the center's electrical
service, telephone service, or gas service (if gas is used for heating or
cooking);
6. any litigation
involving the center;
7. any
traffic accident involving day care children using transportation provided by
the center;
8. any arrest or
conviction of the licensee or any staff person, employee, or
volunteer;
9. final disposition of
any child abuse/neglect investigation involving the center, the licensee, or
any staff person, employee, or volunteer;
10. any incident in which the health,
welfare, or safety of a child is at risk;
11. any disastrous event.
(c) Child Abuse/Neglect reports
1. Each staff person is required by law
(Code of Ala. 1975) to report known or suspected child
abuse or neglect (see rule
660-5-26-.01) to the County
Department of Human Resources or the local chief of police, or county sheriff.
The report shall be made immediately by telephone or direct oral communication,
followed by a written report, containing all known information.
2. Any person making a report in good faith
is immune from any civil or criminal liability.
3. All reports of child abuse and neglect,
investigative reports by the Department of Human Resources and certain other
records of child abuse and neglect are considered confidential under penalty of
law.
4. The licensee and all staff
persons, employees, and volunteers shall cooperate with Department personnel on
any child abuse or neglect investigation, including providing information to
the Department's representatives and allowing access to children and
records.
(3)
Admission Procedures
(a) The total number of
the children in the care of the center at any given time, including children on
the premises (inside and outside), children in transit, and children on field
trips or other center activities, shall conform to that which is specified on
the license, permit, or approval.
(b) The age range of the children in the care
of the center at any given time, including children on the premises (inside and
outside), children in transit, and children on field trips or other center
activities, shall conform to that which is specified on the license, permit, or
approval.
(c) If the center accepts
children for drop-in care, all of the following conditions shall be met:
1. vacancies in the group to which the
child(ren) will be assigned;
2.
staff-child ratio maintained as required;
3. required records maintained and
filed;
4. advance arrangement for
care made by parent(s)/guardian(s).
(4) Children's Records
(a) 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 center records, including children's records.
(b) Individual records on each child shall be
on file in the center on the child's first day of attendance. Records shall be
maintained in the center for at least two years after the child has left the
center. Records shall be filed in alphabetical order. Records shall contain
originals or clear copies of required information. In-active files shall be
maintained separately from active files. Records shall include but need not be
limited to:
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; 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. Records of injury/illness
occurring at the center or during away from center activities, which require
professional medical attention, emergency medical attention, or
hospitalization.
3. Immunizations.
(i) On the child's first day of attendance,
each child from two (2) months of age to lawful school age and each child of
lawful school age who is not enrolled in public or private school kindergarten
shall have a valid State of Alabama Certificate of Immunization on file in the
center, unless one of the following is on file in the center:
(I) A valid State of Alabama Certificate of
Medical Exemption;
OR
(II) A valid Alabama Certificate of Religious
Exemption.
OR
(III) The child meets the definition of
homelessness, according to the McKinney-Vento Homeless Assistance
Act.
(ii) Each child's
Certificate of Immunization shall be updated according to the expiration date
indicated on the certificate.
4. Authorization for administering medication
or medical procedures form if medication or medical procedures have been
administered to the child.
5. Any
other information about a child shall be kept in the child's record.
(5) Center Records. The
following records shall be kept on file for the current year plus two
additional years.
(a) Daily attendance records
on all staff and children shall be maintained.
(b) Transportation checklists.
(c) Vehicle safety check.
(d) Sign-in and sign-out sheets.
(6) Documents to be posted in a
conspicuous place in the center
(a) Most
recent license, permit, or approval from the Department.
(b) Public notice form
(c) Most recent licensing evaluation
form.
(d) Most recent deficiency
report form from the Department.
(e) Corrective or adverse action notices from
the Department.
(f) Most recent
fire inspection report.
(g) Most
recent Health Department inspection report and food permit or written
permission from the Health Department to cater food.
(h) Menu for meals and snacks.
(i) Name and telephone number(s) posted by
center telephone(s):
1. Fire
department;
2. Law
enforcement;
3. Medical assistance
(ambulance or rescue);
4. Poison
control center;
5. Substitute
help.
(j) Emergency
Preparedness and Response Plans.
(k) The name or the director or staff person
in charge.
Authors: Zoe Moore, ShunDria Robinson
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.