Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-25 - DAY CARE FOR CHILDREN › Section 660-5-25-.05 - Other Day Care Arrangements - Related Home Care

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Definition. Day care/nighttime care
			 provided for a child outside his own home by a relative (excluding a parent) in
			 the relative's own home.
(2) There
			 are no minimum standards for related home care. If a parent/responsible
			 caretaker selects related home care, the Department has no regulatory
			 responsibility in approving this day care arrangement.
(3) Purchase of Related Home Care.
(a) The Department will reimburse the
			 parent/responsible caretaker for the cost, up to the maximum allowed, for day
			 care in related home.
(b)
			 Reimbursements for day care in a related home will be made to JOBS
			 participants, clients eligible for transitional day care and at risk income
			 eligibles.
(1) Licensing Requirement. Any
			 person, group of persons, or corporation who or which receive children or
			 arranges for care or placement of one or more children unrelated to the
			 operator must apply for a license or for approval with the exception of certain
			 preschool programs operated by churches and religious nonprofit elementary
			 schools which are exempt from the licensing requirements providing proper
			 notice is filed.
(2) Legal Base.
			 The Department of Human Resources is given the authority under Alabama statutes
			 to prescribe and publish minimum standards for licensing and approving day care
			 centers and nighttime centers.
(3)
			 Definitions.
(a) Child. Any person under 19
			 years of age.
(b) Adult. Any
			 individual 19 years of age or over.
(c) Infant. In the context of these
			 regulations shall mean any child between birth and the time of his/her walking
			 independently.
(d) Toddler. In the
			 context of these regulations shall mean any child between the age of his/her
			 walking independently and 2 1/2 years of age.
(e) Preschool Child. In the context of these
			 regulations shall mean any child between the ages of 2 1/2 years and lawful
			 school age.
(f) School-Age Child.
			 Any child of lawful school age.
(g)
			 Department. The State or County Department of Human Resources.
(h) 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
.
(i) Commissioner. The Commissioner of the
			 Alabama State Department of Human Resources.
(j) Related. Any of the following
			 relationships by blood, marriage, or adoption: parent, grandparent, brother,
			 sister, stepparent, stepbrother, stepsister, halfbrother, halfsister, uncle or
			 aunt, and their spouses.
(k)
			 Parent(s)/Guardian(s). The custodial parent(s) or legal guardian(s) or legal
			 custodian, of the child enrolled or in the process of being enrolled in a child
			 day care center.
(l) 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.
(m) Day Care Center. Any
			 child-care facility receiving more than twelve children or daytime care during
			 all or part of a day. The term "day care center" includes, but is not limited
			 to, facilities commonly called "child-care centers", "day nurseries", "nursery
			 schools", "kindergartens", and "play groups", with or without stated
			 educational purposes. Such term further includes, but is not limited to,
			 kindergarten or nursery schools or other daytime programs operated as a part of
			 a private school and receiving more than twelve children younger than lawful
			 school age for daytime care for more than four hours a day, with or without
			 stated educational purposes. The term does not include:
1. Kindergartens or nursery schools or other
			 day-time programs operated by public elementary systems or secondary level
			 school units or institutions of higher learning;
2. Kindergartens or nursery schools or other
			 day-time programs, with or without stated educational purposes, operating no
			 more than four hours a day and receiving children younger than lawful school
			 age;
3. Kindergartens or nursery
			 schools or other day-time programs operated as a part of a private school and
			 receiving children younger than lawful school age for four hours a day or less,
			 with or without stated educational purposes;
4. Facilities operated for more than four
			 hours a day in connection with a shopping center or service or other similar
			 facility, where transient children are cared for temporarily while parents or
			 custodians of the children are occupied on the premises or are in the immediate
			 vicinity and readily available; provided, however, that such facilities shall
			 meet local and state fire and health requirements;
5. Any type of day care center that is
			 conducted on federal government premises; or
6. Special activities programs for children
			 of lawful school age including, but not limited to, athletics, crafts
			 instruction and similar activities conducted on an organized and periodic basis
			 by civic, charitable and governmental organizations; provided, however, that
			 local and state fire and health requirements are met.
(n) Nighttime Center. A child-care facility
			 which is established to receive twelve or more children for care after 7
			 p.m.
(o) Character and Suitability.
			 The person maintains business/professional, family, and community relationships
			 which 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.
(p) Licensee. Any person, group of persons,
			 or corporation, to whom the license is issued.
(q) Director. The staff person responsible
			 for the day to day operation and management of a child day care
			 center.
(r) Program Director. The
			 person responsible for the programmatic functions and supervision of all staff
			 who work directly with children.
(s) Staff or Center Staff. Administrative,
			 program, service, and volunteer personnel including the licensee when the
			 licensee is an individual.
(t)
			 Child-Care Worker/Teacher. A person having primary responsibility for the care
			 of a group of children and meeting the specified qualifications.
(u) Group. A group is a specific number of
			 children and staff assigned to be together throughout the day. This definition
			 would permit more than one group to occupy the same physical space.
(v) Aide. A person responsible for assisting
			 a qualified child-care worker in program implementation and supervision of
			 children.
(w) Resource Person. A
			 person who visits the center for the purpose of enhancing the program, who has
			 no direct responsibility for the care of the children and is not counted in the
			 child-staff ratio. Resource persons include but are not limited to: community
			 officials such as the mayor, fireman, police officer; enrichment instructors
			 such as dance, music, art; health professionals such as nurses, doctors,
			 dentists; parents who wish to share individual talents, experiences, or
			 travels.
(x)
Physician
. An individual licensed to practice medicine
			 in any of the 50 states or the District of Columbia.
(y) Child Abuse And Neglect. According to the
Code of Ala. 1975
, §
											26-14-1, harm or threatened harm
			 to a child's health or welfare, which can occur through nonaccidental physical
			 or mental injury, sexual abuse or attempted abuse or sexual exploitation or
			 attempted sexual abuse or attempted sexual exploitation. "Sexual abuse"
			 includes rape, incest and sexual molestation 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, clothing or shelter; provided, that a parent or guardian
			 legitimately practicing his religious beliefs who thereby does not provide
			 specified medical treatment for a child, for that reason alone, shall not be
			 considered a negligent parent or guardian; however, such an exception shall not
			 preclude a court from ordering that medical services be provided to the child,
			 where his/her health requires it.
(z) Developmental Disabilities. Public Law
			 98-527, "The Developmental Disabilities Assistance and Bill of Rights Act", as
			 amended, defines a developmental disability as a "severe, chronic disability of
			 a person which: Is attributable to a mental or physical impairment or
			 combination of mental and physical impairments; is manifested before the person
			 attains age twenty-two; is likely to continue indefinitely; results in
			 substantial functional limitations in three or more of the following areas of
			 major life activity: self-care; receptive and expressive language; learning;
			 mobility; self-direction; capacity for independent living; and economic
			 self-sufficiency; and reflects the person's need for a combination and sequence
			 of special interdisciplinary, or generic care, treatment, or other services
			 which are lifelong or extended duration and are individually planned or
			 coordinated."