Alabama Licensing Standards for Day Care Centers

Licensing Standards for DayCare Centers

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Section B
Administration

Governing Authority

The governing authority's responsibilities shall include, but need not be limited to, the following:
- a. Authorize a representative to apply to the Department for a license to operate a center and assume final authority and responsibility for the operation of the center in accordance with prescribed standards.
- b. Establish written operating and personnel policies including categorized personnel job descriptions for the center.
- c. Provide operating funds.
- d. Develop a projected year's budget prior to the time of initial licensing.
- e. Employ a director and delegate to her/him the authority to administer the center.
Written Operating Policies
- a. Policies shall include, but need not be limited to, the following:
  
  (1) statement of purpose, function, and description of program (e.g., health, nutrition, education, etc.).
  (2) discipline of children.
  (3) hours and days the center is in operation (including holidays). (4) admission procedures and requirements.
  (5) plan for arrival and departure of children.
  (6) fee payment plan and refund practices.
  (7) procedure for termination of services, by center or parent(s)/guardian(s).
  (8) policy concerning illness of children, non-admission and re-admission.
  (9) requests concerning children's personal belongings, etc. (10) transportation of children, if provided.
  (11) emergency plans for medical emergency, power failure, storms, fire, evacuation from immediate area, etc.
  (12) plan regarding provision of diapers, clothing and formula, if center is licensed for infant-toddler care.
  (13) procedures parent(s)/guardian(s) may use to make a complaint (14) administration of medication.
  (15) periods of the day when parent(s)/guardian(s) and others may visit.
  (16) name of person(s) at the center whom parent(s)/ guardian(s) should contact in reference to the child.
  (17) plan regarding provision of food.
  (18) statement informing parent(s)/guardian(s) how they may obtain a copy of the Minimum Standards for Day Care Centers and Night Time Centers: Principles, Regulations, and Procedures.
- b. The center shall, in practice, offer the type of services and program which the operating policies outline.
- c. The parent(s)/guardian(s) shall be provided a copy of the center's operating policies prior to the child's admission.
Records
- a. Confidentiality
  
  All staff and children's records shall be kept confidential. The board members, staff persons, and employees of the day care center or nighttime center shall not discuss or disclose personal information regarding children and facts learned about children and their relatives except (a) with the parents or the person or persons authorized by the parent(s)/guardian(s) to receive such information, (b) with the agency assisting the parent(s)/guardian(s) with planning for the child, and (c) with the staff of the Department of Human Resources.
- b. Filing
  
  The records shall be filed for each child and staff person in alphabetical order. Records shall be maintained in the center for at least two years after the child or staff person has left the center. Inactive files shall be maintained separately from active files.
- c. Individual records on each child, filed in the center, shall include, but need not be limited to:
  
  (1) pre-admission enrollment information, signed and on file in the center prior to the first day of attendance. (see Appendix 12 for Child's Pre-Admission Record. Alternate forms providing the same required information are acceptable.) The form shall include at least: (a) Child's full legal name, preferred name(s), birthdate, age, and current address.
  (b) name and address of the parent(s)/guardian(s) and of any other person or agency responsible for the care of the child.
  (c) telephone numbers or instructions as to how parent(s)/guardian(s) may be reached during the time the child is in the center.
  (d) name, address, telephone number and relation of person(s) to whom the child may be released from the center.
  (e) name, address, and telephone number of the child's doctor. (f) child's admission and withdrawal information.
  (g) child's special interests, habits, and progress.
  (2) signed parent agreement information, including at least the following:
  (a) authorization for center staff to obtain emergency medical treatment for the child.
  (b) authorization for child to participate in, and to be transported to and/or from school or center on "away from center" field trips, or other activities, if included in center's program.
  (c) request and authorization for transportation of child to and from home, if service is provided by the center and desired by the parent(s)/guardian(s).
  (d) authorization for child to participate in swimming-wading activities, if provided in center program and desired by the parent(s)/guardian(s).
  (e) written agreement with the parent(s)/guardian(s) that the center assumes responsibility for the child only when he/she is delivered directly to the center personnel, unless the center is responsible for transportation. If the center provides transportation, the written agreement shall provide that the center is not responsible unless the child is at the agreed upon location at the agreed upon time. If the child is missing the agreement shall state that center personnel shall make reasonable effort to locate the child and shall notify parent(s)/guardian(s) and appropriate authorities. Parent(s)/guardian(s) and center personnel may negotiate written deviations from this requirement.
  (3) medical information, as required. (See Section E. 5, Health and Medical Needs.)
  (4) records of injury occurring at the center, which require professional medical attention and/or hospitalization.
- d. Records on the staff
  
  (1) The director's record shall include at least a medical examination report, three reference contacts and written verification of training/education. This record shall be maintained by the licensing agent.
  (2) All staff records shall be kept in the center and shall include at least:
  (a) The application for employment.
  (b) Information regarding the character, and suitability of the person to work with children inclusive of:
  ((1)) Recording of impressions gained through interviews with the individual to be employed, particularly his/her attitudes regarding child care.
  ((2)) Reference contacts: statements from three unrelated references, including at least one previous employer, if ever employed. A written report shall be made concerning any oral reference contacts.
  ((3)) For additional information regarding character and suitability requirements, see Section III. J.
  Written verification of training/education.
  (c) Written verification of training/education.
  (d) Medical information as required. (See Health, Section C. 2)
  (e) Name, address and telephone number of person(s) to contact in case of an emergency involving applicant.
  (f) A written report of any misconduct or dereliction of duty, including the investigation procedure followed and the disposition made.
  (g) Written and signed verification stating that staff persons have read the Minimum Standards.
- e. Attendance Records
  
  Daily attendance records on staff and children shall be maintained.
- f. Center license, current licensing evaluation, fire and health department approvals shall be posted in a conspicuous place in the center.
Reports to the Department
- a. A monthly report shall be sent to the Department, not later than the fifth day of the month following the month for which the report is made. (For example, the report for the month of April shall be in the Department office not later than May 5.) (See Appendix 8 for Monthly Report Form, furnished by the Department.)
- b. The following shall be reported to the Department prior to occurrence:
  
  (1) change in ownership, directorship, or chief officership of the Board.
  (2) change in location and/or alternations to buildings.
  (3) major change or extension of basic operating schedule or program.
- c. The following shall be reported to the Department within 24 hours after occurrence, with written explanation to follow within five (5) days:
  
  (1) any injury requiring professional medical treatment of any child or staff person while at the center or any death.
  (2) major damage to the facility.
  (3) any litigation involving the center.
  (4) any traffic accident involving day care children being transported.
- d. Any staff person is required by law (Code of Alabama 1975, Sections 26-14-1 through 26-14-13) to report known or suspected child abuse or neglect (see definition) to the County Department of Human Resources or the local chief of police, or county sheriff. The report shall be made immediately by telephone or direct oral communication, followed by a written report, (see Appendix 13), containing all known information. The law also contains immunity provisions so that any person making a report in good faith is immune from any civil or criminal liability. The law further provides that all reports of child abuse and neglect, investigative reports by the Department of Human Resources and certain other records of child abuse and neglect are considered confidential under penalty of criminal law. (See Appendix 13 for additional information.) The licensee and all staff persons shall cooperate with Department personnel on any child abuse or neglect investigation, including providing information to workers and allowing access to children and records.
Admission Procedures
- a. The number and age range of the children in the center shall conform to that which is specified on the license.
- b. If the center accepts children for irregular (drop-in) care, all of the following conditions shall be met:
  
  (1) vacancies in the group to which the children will be assigned.
  (2) a maintained child-staff ratio as required.
  (3) required records maintained and filed.
  (4) advance plan of care made by parent/guardian.
Transportation Provided by the Center
- a. Written policy and authorization
  
  (1) The center shall develop a written plan to sure that children who are using transportation contracted for or provided by the center are accounted for in all situations. Immediate action shall be taken to locate missing children.
  (a) The plan shall include a checklist for accounting for the loading and unloading of children at every location. All checklists shall contain the signature of the person in charge of performing the check.
  (b) All checklists shall be turned over to the person in charge immediately upon arrival of the children at the center. Following delivery of children to homes/designated destinations, either an oral or written report shall be submitted to the person in charge. When oral reports are given, written checklists shall be turned over to the person in charge the next day of operation. The checklist shall be maintained as a part of the records of the center.
  (2) The center shall have on file written authorization from the parent(s)/guardian(s) for transporting the child to and from the home, school, or other designated place, and on center planned field trips and activities.
  (3) Written transportation plans for travel indicating means of transportation, approximate arrival/departure time, staff, parent, or other designated person(s) involved, and designated location to be picked up/delivered to, shall be on file for each child. A plan for transportation in emergency situations, such as severe weather alerts, shall also be on file.
  (4) When the center provides transportation to and from the home or another designated location, the center shall be responsible for picking the child up at the designated location and delivering the child to the care of the designated person, according to the written transportation plan. Requests for deviation from the regular plan shall be in writing and signed by the parent(s)/guardian(s). The center is not considered responsible for the child unless he/she is at the designated location for pickup at the agreed upon time. If the child is missing, the driver shall consider this an emergency situation, and immediately contact center personnel, who shall immediately attempt to notify the parent(s)/guardian(s) and appropriate authorities. The driver and center personnel shall make reasonable effort to locate the child.
  (5) Written transportation policies and procedures shall be formulated. A copy of these policies and procedures shall be provided to the staff.
  (6) If transportation is contracted, arranged, or provided by the center, all policies shall be followed. Policies do not apply when a parent makes a private arrangement for the transportation of his/her child exclusive of arrangements made with the center.
- b. The driver of a center vehicle.
  
  (1) The driver of a vehicle transporting children shall be at least 19 years of age.
  (2) The driver shall have a valid Alabama driver's license during all times of vehicle operation. A copy of the license shall be on file in the center.
- c. Supervision of children in center vehicles.
  
  (1) Staff in addition to driver needed per age group and number of children in the vehicle shall be as follows:
  
  Number of Children Number of Adult Riders
  
  1-2 infants/toddlers (no other age groups) 0
  1-6 pre-schoolers 0
  7-20 pre-schoolers 1
  more than 20 pre-schoolers 2
  1-30 school-age 0
  more than 30 school-age 1
  3-6 infants/toddlers/pre-schoolers/school age
  (mixed age grouping) 1
  7-20 infants/toddlers/pre-schoolers/school age
  (mixed age grouping) 2
  1-6 pre-schoolers/school age (mixed age grouping) 0
  7-20 pre-schoolers/school age (mixed age grouping) 1
  More than 20 pre-schoolers/school age (mixed age grouping) 2
  
  (2) Children shall not be left unattended in a vehicle.
  (3) A staff person shall accompany each child under age 2 1/2 years from the vehicle to the care of the designated person.
  (4) A staff person shall visually supervise each child 2 1/2 years and over from the vehicle to the care of a designated person.
- d. Safety precautions in all vehicles used and operated by the
  center in transporting children.
  (1) Stationery seating space for each child shall be provided, and no child shall sit on the floor. Children shall remain seated while the vehicle is in motion.
  (2) Children shall board and leave the vehicle from the curb side of the vehicle, onto the curb, or in a protected parking area or driveway.
  (3) Doors shall be locked at all times when the vehicle is moving .
  (4) Children under 3 years shall be properly secured in a federally approved child restraint (carseat) which is installed according to manufacturer's instructions and is properly maintained. Child restraints shall be appropriate for the height, weight, and physical condition of the child according to the manufacturer's instructions.
  (5) All children 3 years and over shall be properly secured in an individual seat belt. Each seat belt shall be properly anchored to the vehicle. Seat belts shall fit snugly across the child's hips.
  (6) The driver of the vehicle and all adult passengers shall be properly secured by seat belts.
  (7) Vehicles with a tonnage rating of one ton or more are exempt from seat belt and child restraint requirements.
- e. Vehicles used for transporting children shall be equipped with an operational ventilation and heating system.
- f. A safety check shall be done annually by a mechanic, within two months prior to the annual licensing evaluation or license renewal on all vehicles regularly used by the center to transport children. A copy of this safety check shall be filed in the center and shall show that the following items are operating in a safe condition: brakes; tires; lights (head, signal, brake, tail); windshield wipers; steering; and exhaust system.
Transportation Provided by Parent(s), Guardian(s) or Other Designated Person(s)

Children being transported by parent(s), guardian(s) or other designated person(s) shall be accompanied into and out of the center by this parent, guardian, or other person. The center shall require the custodial parent/guardian or other designated person to sign children out at each departure from the center.

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