Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-27 - DAY CARE LICENSURE - CHILD CARE LICENSING AND PERFORMANCE STANDARDS FOR FAMILY DAY CARE HOMES, FAMILY NIGHTTIME HOMES, GROUP DAY CARE HOMES, AND GROUP NIGHTTIME HOMES › Section 660-5-27-.02 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
In the context of these regulations, the following definitions
				apply.
(1) ADULT. Any person 19 years
			 of age or older.
(2) ASSISTANT
			 CAREGIVER. A person providing care and guidance of the children in a group day
			 care/nighttime home, under the supervision of the licensee.
(3) BIO CONTAMINANTS. A living organism or
			 product that can harm animals or humans if inhaled, swallowed, or otherwise
			 absorbed into the body.
(4)
			 CAREGIVER. A person providing care and guidance of the children in the
			 home.
(5) CHARACTER AND
			 SUITABILITY. The person maintains business/professional, family, and community
			 relationships that 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.
(6) CHILD. Any person
			 under 19 years of age.
(7) CHILD
			 ABUSE AND NEGLECT. According to the
Code of Ala. 1975
,
			 Section 26-14-1, abuse is defined as harm
			 or threatened harm to a child's health or welfare. Harm or threatened harm to a
			 child's health or welfare can occur through nonaccidental physical or mental
			 injury, sexual abuse or attempted sexual abuse or sexual exploitation or
			 attempted sexual exploitation. "Sexual abuse" includes the employment, use,
			 persuasion, inducement, enticement, or coercion of any child to engage in, or
			 having a child assist any other person to engage in any sexually explicit
			 conduct or any simulation of the conduct for the purpose of producing any
			 visual depiction of the conduct; or the rape, molestation, prostitution, or
			 other form of sexual exploitation of children, or incest with children 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, supervision, clothing
			 or shelter.
(8) COMMISSIONER. The
			 Commissioner of the State Department of Human Resources.
(9) DAY CARE HOME. A child care facility
			 which is a family home and which receives not more than six (6) children for
			 care during the day.
(10)
			 DEPARTMENT. The State or County Department of Human Resources.
(11) 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
.
(12) EARLY INTERVENTION SERVICES
			 STAFF/VENDORS. A person employed by the Alabama Department of Rehabilitation
			 Services or a vendor thereof, who provides direct services to children in
			 licensed facilities. Early Intervention services may include, but are not
			 limited to, any developmental delay of twenty-five per cent in any
			 developmental area, speech therapy, hearing, vision, physical therapy,
			 occupational therapy, or other services. Service providers are not considered
			 home staff and are not required to have a record on file at the home. When the
			 services are provided to a child in a licensed child care facility, the
			 individual shall present photographic identification verifying employment with
			 the Department of Rehabilitation Services or the Vendor thereof and a copy of
			 their suitability letter documenting that a criminal history background check
			 has been performed and the individual has been determined suitable.
(13) 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.
(14) FAMILY HOME. A family home is
			 the dwelling in which the applicant/licensee resides. (Residence is determined
			 by address, mortgage payment or rent, voting district, property taxes,
			 etc.)
(15) GROUP DAY CARE HOME. A
			 child care facility which is a family home and which receives at least seven
			 but no more than twelve children for care during part of the day where there
			 are at least two adults present and supervising the activities.
(16) LAWFUL SCHOOL AGE. For purposes of these
			 regulations, this term includes children who are five (5) years of age on or
			 before September 1, (or the date on which school begins in the enrolling
			 district pursuant to
Code of Ala. 1975
, §
								16-28-4) of a given year. This
			 definition corresponds with the minimum age at which a child is entitled to
			 admission to public school kindergarten.
(17) LICENSEE. Any person, group of persons,
			 or corporation, to whom the license or permit is issued.
(18) NIGHT CARE FACILITY. A child-care
			 facility which is a center or a family home receiving a child or children for
			 care after 7:00 p.m. A "night care facility" is further defined as follows:
(a) NIGHTTIME HOME. A family home which
			 receives no more than six children for care after 7 p.m.
(b) GROUP NIGHTTIME HOME. A child care
			 facility which is a family home which receives at least seven but no more than
			 twelve children for nighttime care, where there are at least two adults present
			 and supervising the activities.