Alabama Administrative Code › Title 950 - ALABAMA DEPARTMENT OF YOUTH SERVICES › Chapter 950-1-4 - OVERVIEW TO THE LICENSING FUNCTION OF THE ALABAMA DEPARTMENT OF YOUTH SERVICES GENERAL POLICIES AND PROCEDURES › Section 950-1-4-.06 - Licensing Procedures

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Application and Procedure for a License.
Application for a license
(a) Any person, group of persons or
			 corporation may request an application form for a license to operate a facility
			 by contacting the Department of Youth Services Licensure and Standards
			 Division, Atten: Licensing Director, by letter.
(b) Applications for a license shall be made
			 on a Departmental approved form and shall contain all information requested on
			 the form including social security number if the applicant is an
			 individual.
(c) With the
			 application form, an applicant must obtain a copy of Minimum Standards for the
			 type of Facility they wish to operate. Minimum Standards are contained in this
			 chapter and/or in the applicable publication for Standards by the American
			 Correctional Association (ACA), including Supplements. The applicant is
			 responsible for obtaining the applicable ACA Standards.
(d) The completed application must be
			 returned to the Department within thirty days from the date of written inquiry
			 if such person, etc., wishes to pursue the plan to operate a
			 Facility.
(e) The applicant must
			 provide a manual for policies and Procedures.
1. Examination and Investigation of
			 Application
(i) Upon receipt of the completed
			 application, a representative of the Department of Youth Services Licensure and
			 Standards Division will examine the premises proposed for the Facility and will
			 investigate the person(s) responsible for the Facility in accordance with the
			 requirements of Section III of the Licensing Manual.
(ii) The examination and investigation will
			 be based on the Minimum Standards and regulations as prescribed and published
			 by the Department.
2.
			 Disposition of the Application
(i) Upon
			 completion of the examination and investigation, a licensing inspection visit
			 will be scheduled and conducted at the Facility.
(ii) When compliance with mandatory and
			 non-mandatory Standards of the Minimum Standards has been met, the Department
			 will issue a full license.
(iii) If
			 denial of license is indicated, the Department will notify the applicant,
			 verbally and in writing, of the decision, pointing out and discussing those
			 areas of the Mandatory Standards that have not been met.
3. Six Month License/Permit
(i) No license may be issued without
			 compliance with all mandatory Standards of the Minimum Standards. If certain
			 areas of the non-mandatory Standards of the Minimum Standards are identified as
			 lacking in the Facility, and if the applicant can demonstrate or document good
			 faith action towards full compliance with the regulation(s), the Department may
			 issue a six-month license/permit to persons making initial application for a
			 license to allow the Facility reasonable time to become eligible for a full
			 license.
(ii) A full license will
			 be issued when the Department determines that mandatory Minimum Standards have
			 been met and at least 90% of nonmandatory standards have been met.
4. Renewal of a License
(i) A License Renewal Application to continue
			 operating a Facility shall be made to the Department ninety days prior to the
			 expiration date of the current license.
(ii) The Department shall Audit all mandatory
			 and non-mandatory Standards of the Facility being licensed.
(iii) A renewal of a license shall be issued,
			 if, upon completion of the Audit 100% of the mandatory Standards and 90% of the
			 non-mandatory Standards and quality of life are in compliance.
5. Department Visits, Inspections
			 and Consultation
(i) Visits to the Facility
			 are made by representatives of the Department to determine continued conformity
			 with licensing Standards and to provide consultative services.
(ii) The licensee shall have the opportunity
			 to submit, in writing, information regarding complaints alleged against him/her
			 and/or the Facility, and shall have the opportunity for a full discussion about
			 such complaints.