Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-54 - ALABAMA YOUTH RESIDENTIAL FACILITY ABUSE PREVENTION ACT › Section 660-5-54-.02 - Registration Of Certain Youth Residential Institutions Or Organizations; Licensing And Inspection Of Food Preparation Areas; Staff Training Plans; Rights Of Children; Access Law Enforcement Agencies

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Registration of Certain Youth Residential
			 Institutions or Organizations
(a) Commencing
			 on January 1, 2018, the department shall register any religious, faith based,
			 or church non-profit, other non-profit, or for profit affiliated youth
			 residential facility, youth social rehabilitation facility, community treatment
			 facility for youths, youth transitional care facility, long term youth
			 residential facility, private alternative boarding school, private alternative
			 outdoor program, and any organization entrusted with the residential care of
			 children in any organizational form or combination defined by this section,
			 whenever children are housed at the facility or location of the program for a
			 period of more than 24 hours.
(b)
			 At a minimum, registered youth residential institution or organization under
			 this section shall develop policy and do all of the following:
1. Be owned and operated on a for profit or
			 non-profit basis.
2. Prepare and
			 maintain a current written plan of operation, to include, but not limited to:
			 organizational structure, administration, personnel practices, intake,
			 discharge, behavioral management practices, description of the focus, goals,
			 purpose, function of the facility, day to day operations, operating policies,
			 personnel policies, geographic areas, staff training plan, written job
			 descriptions and qualifications to include verification of education and
			 license certification, all written policies, procedures, and standard
			 practice.
3. Offer 24-hour,
			 non-medical care and supervision to youth who are voluntarily admitted by a
			 parent or legal guardian, or referred by a court.
4. Admit only children 12 years of age or
			 older.
5. Provide written
			 notification on a standard form to the State Department of Human Resources,
			 Resource Management-Office of Licensure within 48 hours of the arrival,
			 enrollment, or admittance of any child to the institution, facility, or program
			 as directed by the department.
6.
			 Have a ratio of one child care worker to every four youths. A child care worker
			 must meet the following qualifications: possess a high school diploma or a GED
			 certificate; have training or experience in child development issues; be
			 adequately fit to participate, when appropriate in activities of children, as
			 documented by a medical clearance; and be a minimum age of 21 years
			 old.
7. Provide each prospective
			 youth and his or her parent or legal guardian with an accurate written
			 description of the programs and services to be provided while the child is a
			 resident at the facility. If it advertises or promotes special care, programs,
			 or environments for persons with behavioral, emotional, substance abuse, or
			 social challenges, the written description shall include how its programs and
			 services are intended to achieve the advertised or promoted claims.
8. Ensure that all individuals providing
			 mental health or behavioral-based services to youth at the facility are
			 licensed or certified by the appropriate agency, department, or accrediting
			 body, as specified by this rule.
9.
			 Prepare and implement a comprehensive health plan to ensure that each medical,
			 dental, mental health, and other health needs of the child are met adequately
			 and promptly. An ongoing relationship shall be established with a licensed
			 practicing physician, dentist, mental health professional, or clinic concerning
			 medical plans, programs and treatment for children in care. The facility shall
			 appoint a designated staff member to make provisions for medical and dental
			 services as required by these standards, and for psychological testing,
			 psychiatric examination and treatment, vocational counseling and training, or
			 other specialized services according to the child's needs. All specialists used
			 by the facility shall be qualified and/or licensed in their respective
			 fields.
10. Explain its
			 disciplinary practices individually with each child at the time the child is
			 placed or enrolled in the institution, facility, or program.
11. Obtain written consent for the use of any
			 restrictive behavior management practice as defined in these rules, from the
			 parents or legal guardian of the child. (Parents cannot agree to the use of
			 behavioral management practice that are prohibited by these rules).
12. Not use secure containment or manual or
			 mechanical restraints.
(i) Secure containment
			 is physically isolating a person from others, by putting them in a locked cage,
			 room, container, storage room, wooden box, etc.
(ii) Manual restraint is also known as
			 physical restraint. A physical restraint is defined as any method of one or
			 more persons restricting another person's freedom of movement, physical
			 activity, or normal access to his/her body.
(iii) Mechanical restraints- The use of a
			 device or object to prevent, restrict or subdue movement of a person's body, or
			 part of the body, for the primary purpose of behavioral control. Examples are
			 handcuffs, waist straps, straitjackets, tie downs, ropes, shackles, or other
			 equipment.
13. Not allow
			 the performance of any acts, tactics, techniques, or procedures for purposes of
			 abusing, humiliating, degrading, isolating, or ostracizing a child from other
			 children located or housed at the institution, facility, or program by any
			 staff member or child.
14. Not
			 utilize restrictive behavior management practices as a means of punishment, for
			 the convenience of staff members, or as a substitute for a treatment
			 program.
15. Food/inspection of
			 food preparation areas shall comply with state health standards.
(i) Ensure that each child is provided with
			 three nutritious meals daily, either at the institution, facility, program
			 operations site itself, or in the community, including: meats or meat
			 substitutes, vegetables, milk, fruit, cereal, bread, and dessert. Special
			 dietary needs shall be provided as recommended by a licensed physician. When
			 special dietary needs are identified, professional consultation shall be
			 requested and modifications made as needed.
(ii) Select, store, prepare, and serve food
			 in a sanitary and palatable manner and the facility shall comply with state
			 health standards. Food shall be of a size and consistency appropriate for the
			 age, growth, and development of the child.
16. Ensure that every child is afforded the
			 opportunity to participate freely in religious activities and or services in
			 accordance with his or her own faith or with that of his or her
			 parents.
17. Maintain a bond or
			 liability insurance of no less than five hundred thousand dollars ($500,000)
			 per incident and show proof of the current status of the policy or bond prior
			 to registration by the department.
18. Include its facility, institution, or
			 program registration number in all advertisements.
19. Require that all employees and
			 volunteers, of the facility or program undergo a child abuse and neglect
			 clearance and an ABI and FBI criminal background check, prior to the approval
			 of the registration of the facility or program and require that all employees
			 obtain a criminal background check and child abuse and neglect clearance
			 annually thereafter. The child abuse and neglect clearance shall be assessed by
			 a clearance of the State Central Registry on Child Abuse/Neglect. A completed
			 Request for Clearance of State Central Registry on Child Abuse/Neglect
			 (DHR-DFC-1598) shall be submitted by the registrants of all employees in a paid
			 or voluntary position. Completed forms shall be kept in the individual's file.
			 Employment or approval shall be denied or the approval revoked if persons are
			 determined to not be of appropriate character or suitability to work with or
			 provide care and supervision to children.
20. Ensure that prior to employment,
			 residence, or initial presence in the facility, institution, or with the
			 program, all employees undergo an ABI and FBI criminal background check using
			 the current contractor for State Department of Human Resources.
21. Maintain a smoke free environment in all
			 buildings on the facility, institution, or program premises and in all vehicles
			 used to transport children.
22.
			 Obtain an annual written fire safety clearance report with no violations
			 approved by the local fire authority.
23. If it offers access to, or holds itself
			 out as offering access to, mental health services, ensure that those services
			 are provided by a licensed mental health provider.
24. If it advertises or includes in its
			 marketing materials reference to providing alcohol or substance abuse
			 treatment, ensure that the treatment is provided by a licensed or certified
			 alcoholism or drug abuse recovery or treatment facility.
25. Not admit a child who has been assessed
			 by a licensed mental health professional as seriously emotionally disturbed,
			 unless the child does not require care in a licensed health facility and the
			 State Department of Mental Health has certified that the facility houses a
			 program that meets the standards to provide mental health treatment services
			 for a child having a serious emotional disturbance, as defined in Rule 290-8-9
			 of the Alabama Administrative Code.
26. Immediately provide a written report on a
			 standard form to the department and law enforcement agency of all fatalities,
			 injuries, and accidents requiring hospitalization or medical care by a licensed
			 physician or other licensed medical professional occurring at the facility,
			 institution, or program.
27.
			 Prohibit any staff member or child to possess any firearms, harmful chemicals,
			 or other weapons within or on the grounds of the institution, facility, or
			 program.
28. Staff training Plan.
(i) Submit a staff training plan to the
			 department as part of its plan of operation.
(ii) In addition to the training required of
			 facility, institutional, or program staff, the staff training plan shall
			 include, but not be limited to, training in all of the following subject areas:
(I) Children's rights, as described in
			 subsection (c).
(II) Physical and
			 psycho-social needs of youth.
(III)
			 Appropriate responses to emergencies, including an emergency intervention
			 plan.
(IV) Laws and regulations
			 pertaining to residential care and housing facilities for children.
(iii) Rights of the Children.
			 (Policy must be developed to address the following rights.)
(I) Any child that is enrolled in or a
			 resident of a religious, faith-based, or church non-profit, other non-profit,
			 or for profit affiliated youth residential facility, youth social
			 rehabilitation facility, community treatment facility for youths, youth
			 transitional care facility, long term youth residential facility, private
			 alternative boarding school, private alternative outdoor program, and any
			 organization entrusted with the residential care of children in any
			 organizational form or combination defined by this section shall be afforded
			 the following rights and any other rights later adopted by the department
			 through this rule, which shall be publicly posted and accessible to youth:
I. To be afforded dignity in his or her
			 personal relationships with staff, youth, and other persons.
II. To live in a safe, healthy, and
			 comfortable environment where he or she is treated with respect.
III. To be free from physical, sexual,
			 verbal, emotional, or other abuse or corporal punishment.
IV. To be granted a reasonable level of
			 personal privacy in accommodations, personal care and assistance, and
			 visits.
V. To confidential care of
			 his or her records and personal information, and to approve release of those
			 records prior to the release of them, except as otherwise authorized or
			 required by law.
VI. To care,
			 supervision, and services that meet his or her individual needs and that are
			 delivered by staff who are sufficient in numbers, qualifications, and
			 competency to meet his or her needs and ensure his or her safety.
VII. To be served food and beverages of the
			 quality and in the quantity necessary to meet his or her nutritional and
			 physical needs.
VIII. Grievances
(A) To present grievances and recommend
			 changes in policies, procedures, and services to the facility's staff,
			 management, and governing authority, or any other person without the
			 possibility of restraint, coercion, discrimination, reprisal, threat, or other
			 retaliatory actions.
(B) To have
			 the registered entity take prompt actions to respond to grievances presented
			 pursuant to subparagraph 1.
VIII. To be able to contact parents or legal
			 guardians, including visits and scheduled and unscheduled private telephone
			 conversations, written correspondence, and electronic communications, unless
			 prohibited by court order.
X. To be
			 fully informed, as evidenced by the youth's written acknowledgment, prior to,
			 or at the time of, arrival or admission to the facility, institution, or
			 program, of the rules governing the youth's rights, conduct, and
			 responsibilities.
XI. To receive in
			 the admission agreement information that details the planned programs and
			 services for the youth.
XII. To
			 have his or her parents or legal guardians remove him or her from the facility
			 at any time unless prevented from doing so by a court order.
XIII. To consent to have visitors or
			 telephone calls during reasonable hours, privately and without prior notice, if
			 the visitors or telephone calls do not disrupt planned activities and are not
			 prohibited by court order or by the youth's parent or legal guardian.
XIV. To be free of corporal punishment,
			 excessive medication, physical restraints of any kind, and deprivation of basic
			 necessities, unnecessary seclusion including education, as a punishment,
			 deterrent, or incentive.
XV. To be
			 afforded the opportunity to enroll in, make progress toward, and complete a
			 program leading to a General Education Development Certificate or other high
			 school diploma equivalent upon being housed or located at the facility,
			 institution, or program for a period of more than 30 days.
XVI. To have fair and equal access to all
			 available services, placement, care, treatment, and benefits and to not be
			 subjected to discrimination or harassment on the basis of actual or perceived
			 race, ethnic group identification, ancestry, national origin, color, religion,
			 sex, mental or physical disability, or physical condition.
XVII. To be free from abusive, humiliating,
			 degrading, or traumatizing actions.
XVIII. To be free to attend religious
			 services of their choice.
XIX. Any
			 other rights the department adopts by rule; however, the department is not
			 responsible or liable for violation of the above rights, including acts or
			 omissions by facility employees.
29. The facility shall submit a written
			 statement of compliance with applicable zoning requirements to the Department.
			 If no zoning laws or ordinances are applicable, the facility shall submit a
			 written statement verifying he/she has checked with the local governing
			 authority and there are no applicable zoning laws or ordinances.
30. The facility shall post the physical
			 street address conspicuously at the entrance of the property.