Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-26 - DAY CARE LICENSURE - CHILD CARE LICENSING AND PERFORMANCE STANDARDS FOR DAY CARE CENTERS AND NIGHTTIME CENTERS › Section 660-5-26-.10 - Corrective/Adverse Actions

Current through Register Vol. 42, No. 9, June 28, 2024
Corrective or adverse actions may be imposed by the Department
				when the licensee fails to meet and maintain standards prescribed by the
				Department. Corrective and adverse actions may include, but need not be limited
				to: deficiency reports; corrective action plans; probationary status;
				restrictions or modifications of the provisions of the license, permit, or
				approval; suspension of a license, permit, or approval; revocation of a
				license, permit, or approval.
Written notice of the corrective or adverse action shall be
				posted at each public entrance of the child care center.
None of these requirements are to be interpreted to allow a
				center to operate in violation of the standards or out of compliance with the
				standards.
(1) Types of Corrective
			 Actions
(a) Deficiency Report. If an
			 inspection, evaluation, or investigation indicates non-compliance with the
			 standards (deficiency), a deficiency report shall be prepared by the
			 Department. A deficiency report is prepared in conjunction with or subsequent
			 to a visit to the center, or after investigation of a substantiated complaint
			 regarding the center. In any visit to the center in which deficiencies are
			 observed or noted, the licensing representative shall complete a deficiency
			 report, and discuss the deficiencies observed or noted with the licensee or
			 facility representative. A copy of the completed deficiency report shall be
			 provided to the licensee or facility representative. No deficiency report shall
			 be completed in conjunction with a pre-licensing visit.
(b) Corrective Action.
1. If an inspection, evaluation, or
			 investigation indicates continued or repeated non-compliance with the
			 standards, or if areas of non-compliance indicated previously on a deficiency
			 report are not corrected, a corrective action plan may be developed to allow
			 the licensee to achieve compliance with the 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 or facility representative.
2. During the corrective action period, the
			 licensee shall correct each deficiency (area of noncompliance) and shall report
			 the corrections to the Department. The length of time the corrective action
			 plan remains in effect shall be determined based on the nature of the areas of
			 noncompliance. If the licensee fails or refuses to comply with the standards
			 and the terms of the corrective action plan, the Department may initiate
			 adverse action such as probation or revocation of the license, permit, or
			 approval.
3. Requests for changes
			 to the provisions of the license such as increases in licensed capacity or
			 changes in the ages of the children received for care, shall not be granted
			 during the corrective action period.
(c) Restriction or Modification of the
			 Provisions of the License, Permit, or Approval. The Department shall have the
			 right to immediately suspend, limit, or restrict the license, permit, or
			 approval of a child care center when conditions hazardous to the health and
			 safety of the children exist, including but not limited to:
1. The right to restrict, limit, or suspend
			 specific activities provided by the child day care/nighttime center, such as
			 but not limited to: away-from-the-center activities; transportation of the
			 children; swimming.
2. The right to
			 restrict or limit the use of specific areas of the center, such as but not
			 limited to: outdoor play areas; bathrooms; rooms/activity areas used by the
			 children.
3. The right to reduce
			 the licensed/permitted capacity of the center or to amend the ages of children
			 to be served, due to restricted use of required space or bathroom facilities or
			 lack of qualified staff to meet required staff-child ratios. (See Rule
			 660-5-26.04 for required ratios.)