Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-37 - LICENSING: MINIMUM STANDARDS FOR RESIDENTIAL CHILD-CARE FACILITIES › Section 660-5-37-.07 - Licensing

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Application for
			 a License. Any person, group of persons or corporation may obtain an
			 application form for a license to operate a child care facility by contacting
			 the Department of Human Resources by letter, telephone or scheduled visit.
			 Applications for a license shall be made on a departmental approved form and
			 shall contain all information requested on that form including social security
			 number if the applicant is an individual. With the application form, an
			 applicant is provided a copy of Minimum Standards for Child Care Facilities:
			 Principles, Regulations and Procedures and an Information Form. The completed
			 application must be returned to the Department within 30 days from the date of
			 inquiry if such person, etc., wishes to pursue his/her plan to operate a child
			 care facility or if such person is already operating a child care facility
			 illegally (without a license).
(2)
			 Examination and Investigation of Application. Upon receipt of the completed
			 application, a representative of the Department of Human Resources will examine
			 the premises proposed for the child care facility and will investigate the
			 person(s) responsible for the facility. The examination and investigation will
			 be based on the minimum standards and regulations as prescribed and published
			 by the Department. Compliance with standards will be noted on the Information
			 Form by the applicant as the information becomes available.
(3) Disposition of the Application. When
			 minimum standards for the operation of a child care facility have been met, a
			 permit or license will be issued by the Department. If denial of a license is
			 indicated, the Department will notify the applicant, verbally and in writing,
			 of the decision, pointing out and discussing those areas of the minimum
			 standards which have not been met.
(4) 6-Month Permit. If specific areas of the
			 minimum standards are identified as lacking in the basic services of the child
			 care facility, and if the applicant can demonstrate or document that in good
			 faith he/she is taking action towards full compliance with the regulation, the
			 Department may issue a 6 Month Permit to persons making initial application for
			 a license to allow the child care facility reasonable time to become eligible
			 for a full license. Issuance of a permit implies that the Department approves
			 the child care facility's temporary operation without said child care
			 facility's having fully met all requirements. The Department's decision to
			 issue a 6-Month Permit shall be after the child care facility or licensee has
			 met the following requirements: written statements of approval from the fire
			 and health departments, sufficient staff with references and medical to comply
			 with the staff/child ratio, provisions for social services, satisfactory plan
			 for food preparation and service. One renewal of a 6-month permit may be issued
			 at the discretion of the Department. A full license will be issued when the
			 Department determines that all standards have been met.
(5) 6-Month Permit - Alternative to
			 Revocation. Within the licensure period, the Department may issue one 6-Month
			 Permit on a provisional basis to a licensed child care facility found to be out
			 of compliance with the Department's minimum standards where such non-compliance
			 does not represent a hazard to the health or safety, or physical, moral or
			 mental well-being of the children in care. During this six-month period, the
			 child care facility shall correct the items which were in non-compliance and
			 report the corrections to the Department for determination of eligibility for a
			 full license. The child care facility must voluntarily surrender its full
			 license before the Department can consider the issuance of a 6-Month Permit as
			 an alternative to revocation.
(6)
			 Renewal of a License. Application for renewal of a license to continue
			 operating a child care facility shall be made to the Department two months
			 prior to the expiration date of the current license, and on the forms
			 prescribed by the Department. An updated Information Form shall accompany the
			 application. The Department shall re-examine and re-evaluate every area of the
			 facility included in the initial application process. A renewal of a license
			 shall be issued, if, upon re-examination, the Department is satisfied that the
			 child care facility continues to meet and maintain minimum standards prescribed
			 and published by the Department.
(7) Department Visits, Inspections and
			 Consultation. Visits to the child care facility are made by representatives of
			 the Department to determine continued conformity with minimum standards and to
			 provide consultative services. Visits to the child care facility are made by
			 representatives of the Department to inspect and to determine if minimum
			 standards are complied with and to investigate a complaint made against the
			 facility. Such visits shall be made without prior notice. The licensee may
			 request visits of a representative of the Department for consultation, etc. The
			 licensee shall have the opportunity to submit, in writing, information
			 regarding complaints alleged against him and/or the child care facility, and
			 shall have the opportunity for a full discussion about such
			 complaints.
(8) Corrective Action.
			 If an inspection/evaluation indicates non-compliance with the minimum
			 standards, or the situation warrants, a corrective action plan may be developed
			 to allow the licensee to achieve compliance with the minimum standards while
			 continuing to care for children. The corrective action plan shall include: a
			 statement of each deficiency, a description of how the deficiency shall be
			 corrected, the date by which corrections shall be completed, and the signature
			 of the Department's representative and the licensee/facility representative. If
			 the licensee fails or refuses to comply with the corrective action plan, the
			 Department may initiate adverse action such as suspension or revocation of the
			 license/permit/approval.
(9)
			 Revocation of a License.
(a) The Department
			 may revoke or refuse to renew a license of any child care facility or refuse to
			 issue a full license to the holder of a 6-Month Permit, should the licensee or
			 holder of a 6-Month Permit fail to comply with the following: maintain
			 standards prescribed and published by the Department, violate the provisions of
			 the license issued, furnish or make any misleading or any false statements or
			 report to the Department, submit to the Department any reports, or make
			 available to the Department any records required by the Department in making
			 investigation of the child care facility for licensing purposes; provided,
			 however, that the Department shall not revoke or refuse to renew a license in
			 such cases unless it has made written demand on the person, firm or corporation
			 operating the facility requesting such report(s) and such person, firm or
			 corporation fails or refuses to submit such reports for a period of ten days,
			 submit to an investigation by the Department, admit authorized representatives
			 of the Department at any reasonable time for the purpose of investigation,
			 provide, maintain, equip and keep in safe and sanitary condition premises
			 established or used for child care as required by any law, regulation or
			 ordinance applicable to such facility, display its license or permit, maintain
			 financial resources adequate for the satisfactory care of children served in
			 regard to upkeep of premises and provisions for personal care, medical
			 services, clothing, learning experiences and other essentials in the proper
			 care, rearing and training of children.
(b) If a routine inspection or an inspection
			 conducted in response to a complaint or conducted for any other reason by the
			 Department discloses any condition, deficiency, dereliction or abuse which is,
			 or could be, hazardous to the health, the safety, or the physical, moral, or
			 mental well-being of the children in the care of the child care facility being
			 inspected, the Department shall have the power to revoke without notice the
			 license or approval or 6-Month Permit.