Alabama Licensing Standards for Day Care Centers

Licensing Standards for DayCare Centers

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Section A
Definitions

CHILD. Any person under 19 years of age.
ADULT. Any person 19 years of age or over.
INFANT. In the context of these regulations shall mean any child between birth and the time of his/her walking independently.
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.
PRE-SCHOOL CHILD. In the context of these regulations shall mean any child between the ages of 2 1/2 years and lawful school age.
SCHOOL AGE CHILD. Any child of lawful school age.
DEPARTMENT. The State or County Department of Human Resources.
DEPARTMENT 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 Alabama 1975.
COMMISSIONER. The Commissioner of the Alabama State Department of Human Resources.
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.
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.
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 of 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.
DAY CARE CENTER. Any child care facility receiving more than twelve children for 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 center", "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:
- a. Kindergartens or nursery schools or other daytime programs operated by public elementary systems or secondary level school units or institutions of higher learning;
- b. Kindergartens or nursery schools or other daytime programs, with or without stated educational purposes, operating no more than four hours a day and receiving children younger than lawful school age;
- c. Kindergartens or nursery schools or other daytime 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;
- d. 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;
- e. Any type of day care center that is conducted on federal government premises; or
- f. 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.
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 CENTER A facility which is established to receive twelve or more children for nighttime care.
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.
LICENSEE. Any person, group of persons, or corporation, to whom the license is issued.
DIRECTOR. The staff person responsible for the day to day operation and management of a child day care center.
PROGRAM DIRECTOR. The person responsible for the programmatic functions and supervision of all staff who work directly with children.
STAFF or CENTER STAFF. Administrative, program, service, and volunteer personnel, including the licensee when the licensee is an individual.
CHILD CARE WORKER/TEACHER. A person having primary responsibility for the care of a group of children and meeting the specified qualifications.
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.
AIDE. A person responsible for assisting a qualified child care worker in program implementation and supervision of children.
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.
PHYSICIAN. An individual licensed to practice medicine in any of the 50 states or the District of Columbia.
CHILD ABUSE AND NEGLECT. According to the Code of Alabama 1975, Section 26-14-1, 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 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 children, where his health requires it.

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