(25) PERSON or ENTITY. Child Care Practices Discipline and Punishment Foster parents shall: Use discipline as a positive educational influence which seeks to develop inner controls and provide structure. A signed statement by the applicant or employee containing all of the following: a. A social worker licensed by the Alabama State Board of Social Work Examiners to conduct family home studies and psychosocial assessments in adoptive or custody cases by court order or for treatment not otherwise required to conduct a criminal history check. This includes, but is not limited to, protection for children from heaters with open flames; use of or being near cooking ranges when in use; tools and machinery shall be kept in an area where children cannot get to them or use them without supervision. The Department of Human Resources is responsible for prescribing and publishing minimum standards for licensing and approving all child-care facilities. Examination and Evaluation of Application The following activities are required during the review of the application: The approving agency will examine the physical components of the home to determine compliance with regulations set forth in the Minimum Standards for Foster Family Homes. National criminal history background checks shall be requested by the Department of Public Safety from the Federal Bureau of Investigation. (See Financial Statement for Foster and/or Adoptive Applicants, DHR-FCS-705). The Department of Human Resources may issue a suitability determination based upon the criminal history report on file without the requirement of a new criminal history background information check. The term also includes an individual who submits an application for a volunteer position or for employment with the Department of Human Resources in a position in which the person has unsupervised access to children, adults, or individuals with disabilities as one of the essential functions of the job. A waste disposal system (city sewage or septic tank). (a) The department shall prescribe and publish minimum standards for licensing and for approving all child-care facilities, as defined in this chapter. Beds and mattresses shall be of size and quality to allow good sleeping posture. Any juvenile detention home established and operated by the state of Alabama. At the head of the stairway on each additional story of the dwelling unit, including basements. National criminal history background checks shall be requested by the Department of Public Safety from the Federal Bureau of Investigation within a reasonable time of the request. Therefore, it is the intent of the Legislature to provide for the implementation of a system that allows the Department of Human Resources, licensed child placing agencies, and child and adult care facilities to ensure that current licensees, license and volunteer applicants, prospective employees, current employees, and volunteers are suitable for employment, to perform volunteer work, or to hold a license, permit, approval, or certification and have not been convicted of a crime that bears upon their fitness to provide care or have responsibility for the safety or well-being of children, the elderly, or individuals with disabilities as defined in this chapter. CODE OF ALABAMA, 1975 TITLE 38-13-1 -- 38-13-12 Section 38-13-1 Legislative findings and intent. Foster Parents shall be: Responsive to the changing needs of children; Flexible in expectations and attitudes toward children, including those from other cultures. Sess., No. This chapter shall not create any right to employment, work, approval, or licensure. (See Character and Suitability Section of these standards.) (a) No person or agency shall bring or send any child into the state of Alabama for the purpose of placing him or procuring his adoption or placing him in any child-care facility, as defined herein, without first obtaining the consent of the department. Shall have the steps or ladders removed on above ground pool when the pool is not in use. It is the role of the foster family to assist children as they mature toward preparing and transitioning to adulthood. If the individual certifies on the Mandatory Criminal History Check Notice statement that a criminal history check has been performed by the Department or by the Department of Education, the Department will issue a determination of suitability based on the criminal history report received. A person or entity who submits an application for license as a child care or adult care facility to the Department of Human Resources or a child placing agency, or an application for employment or for a volunteer position to a Department of Human Resources licensed child care or adult care facility. (3) An applicant in a position in the Department of Human Resources which requires unsupervised access to children, the elderly, or individuals with disabilities as one of the essential functions of the job. Since that time, the standards have been revised periodically to meet the needs of dependent and neglected children in the State. 5237 0 obj <>stream case. Physical Facilities Access to medical and hospital facilities. Department of … A determination of guilt as the result of a plea, including a plea of nolo contendere, or a trial. Criminal history background reports shall be sent to the Department of Human Resources. Training All foster parents are required: To complete thirty (30) hours of preparation/training as provided by the approving agency prior to being approved. Additional Federal and State Acts, rules and regulations require that foster parents have the responsibility of operating according to Reasonable and Prudent Parent Standards and allow children in their care to participate in age and developmentally-appropriate activities. Results shall be kept in the Department's files. Effective immediately, all Hospitals and Nursing Home/Long … The licensee shall inform substitutes and all caregiver(s) of his/her duties and responsibilities in case of emergency. (a) On November 1, 2000, every employer, child care facility, adult care facility, the Department of Human Resources, and child placing agency shall request the Department of Public Safety to conduct a criminal history background information check for the following: (1) An employment applicant, employee or volunteer of an employer, child care facility, adult care facility, or child placing agency. A child care facility in a residence of a family where the family receives a child or children, unrelated to said family, for the purpose of providing family care and training on a full-time basis. Same -- Renewal; reexamination; renewal of approval of boarding home. Foster parents will provide opportunities for children to participate in age and developmentally-appropriate extra-curricular school and educational activities. Conviction for a crime listed in the federal Adoption and Safe Families Act as prohibiting a person from being a foster parent or adoptive parent shall be deemed to make the convicted person unsuitable for employment, volunteer work, approval, or licensure as a foster parent or adoptive parent. Approval Process for Foster Family Homes 31 Application and Procedure for an Approval 31 Required Submissions and Agreements 31 Reference Requirements 32 Examination and Evaluation of Application 32 Disposition of the Initial Application 33 Initial Approval 33 Denial 33 Renewal of a Foster Family Home Approval 33 Revocation of an Approval 34 Conditions of an Approval 35 APPENDIX FORMS PRINCIPLES OF FOSTER FAMILY HOMES While the separation of children from their families may not be necessary in most cases, there are some situations where removal may be the only action determined to be appropriate to ensure safety and offer the needed services to children and their families. f. Sexual misconduct, as proscribed by Section 13A-6-65. (e) Within 30 days of the date of notification, an individual determined unsuitable for approval, licensure, employment, or volunteer work by the Department of Human Resources based upon a disqualifying conviction may request in writing reversal of the determination of unsuitability if the conviction is not for a sex crime or a crime committed against a child, an elderly individual, or an individual with disabilities. A crime that involves the physical or mental injury or maltreatment of a child, the elderly, or an individual with disabilities. Safety - Swimming Pools and Hot Tubs General Pools shall be maintained in clean and safe condition. 7/88). If the applicant does not have a Social Security number because of sincerely held personal beliefs, the Social Security number shall not be required and the Department of Human Resources and the Department of Public Safety shall provide an alternative means of identification and procedure. Conviction for a violation or attempted violation of an offense committed outside the State of Alabama or under federal law is a sex crime or any other crime listed in this notice if the offense would be a crime listed in this notice in Alabama. Physical Examination for Household Members of Foster/Adoptive Applicants (DHR-FCS 2257) from a licensed practicing medical doctor, a physician�s assistant, or certified family nurse practitioner on all other family/ household members (i.e., foster parents� children, boarders, etc.) An infant shall sleep alone in a crib until age 18 months. A 2A-10BC dry chemical fire extinguisher no less than 5 pounds in weight shall be installed and maintained in operating condition, in an accessible place, in plain view near room exits which provide an escape route. The licensee shall post the poison control center�s toll free number on or near the telephone. �38-7-3: License to operate or conduct child-care facility � Required �38-7-4: Application; investigation; application to operate foster family home may be made to licensed child-placing agency. Glass articles, sharp metal objects and other hazardous objects are not allowed near the hot tub or spa. Foster parents shall not post photographs of foster children or any other information (no matter how vague) regarding the foster children or their families to social networking websites such as Facebook, Twitter, Instagram, Snapchat, Pinterest, etc. Upon receipt of a signed Mandatory Criminal History Check Notice, revealing no disqualifying convictions, an adult household member, substitute, caregiver, volunteer, domestic worker and any other person who has contact with the children or unsupervised access to the children, may be employed, perform volunteer services or reside in a licensed home provisionally at the discretion of the licensee, pending receipt of a suitability determination from the Department. Written consent from the applicant and each adult household member for the release of the criminal history background information to the Department of Human Resources Criminal History Checks Unit. Duty of district attorney to enforce chapter or prosecute violations. 174, p. 4423, (14.) LEGAL AUTHORITY The following excerpts are provided for reader information. certifying to the approving agency, every two years, the person�s free from infectious and contagious diseases and up to date on immunizations. The age of majority in Alabama is 19. Counties are responsible for determining on a case-by-case basis how the documentation will occur and how the information is captured on the log.Medication/Dosage/FrequencyHour12345678910111213141516171819202122232425262728293031am/pmam/pmam/pmam/pmam/pmam/pmam/pmam/pmam/pmam/pmam/pmam/pmam/pmam/pmam/pmam/pmam/pmam/pmam/pmam/pmam/pmam/pmam/pmam/pmNotes: THE FAMILY PORTFOLIO � Outline of a Home Study The Family Portfolio is the total collection of information (refer to the TIPS Implementation Guide, Section K, �What is the Family Portfolio�) designed to document and consolidate the entire preparation and selection process for each foster or adoptive family. If approved for infants and young children, the training must include Pediatric and Infant First Aid/CPR. ), the home will be free of barriers that would prevent the child(ren) from using their mobility and self-care skills to their maximum potential (i.e., halls and doorways of adequate width, accommodating toilet and bathing facilities, ramps, etc.). (4) A current licensee or applicant for a license through the Department of Human Resources to operate a child care or adult care facility. A child care facility which is a center or family home receiving a child or children for care during the night. Short title. Providing incentives for positive behavior. Criminal history background checks shall be required for prospective and current personnel under contract with the Department of Human Resources or working with another entity under contract with the Department of Human Resources, students, mentors, and volunteers in positions requiring unsupervised access to children, the elderly, or persons with disabilities as one of the essential functions of the job. (38-7-14. (13) DAILY LIVING TASKS. (2) Written consent from the applicant, employee, or volunteer for the release of the criminal history background information to the Department of Human Resources. 660-5-27-.04 the home . The information in the Family Portfolio will be developed mutually with the prospective foster or adoptive family. This shall be coordinated with agencies which have planning and/or custodial responsibilities. This includes, but is not limited to, abandoned automobiles, unlocked or abandoned household appliances, uncovered wells and cisterns, stacked lumber with exposed nails, or explosives. & amp; sect; 5119, et seq. The term also includes an applicant for approval as an adoptive parent of a child or as a foster parent of an adult or child. Evidence that an applicant/licensee, household member, caregiver, substitute, domestic worker, volunteer, or other person who has contact with the children or unsupervised access to the children, is of unsuitable character may be the basis for the denial of an initial application, denial of an application for renewal of a license, suspension of a license/permit, or revocation of a license or six-month permit. Section 38-13-7 Duties of Departments of Public Safety and Human Resources; review of determinations. 3. (Acts 1971, 3rd Ex. (8) An available probation or parole record, report, or recommendation. (d) Child care facilities or adult care facilities exempt from Department of Human Resources licensing shall not be required to comply with this chapter, but may voluntarily collect and forward two complete acceptable sets of fingerprints, the written consent, and nonrefundable fee from applicants or employees to the Department of Public Safety to request a criminal history background information check which shall be processed pursuant to this chapter. Have you ever been convicted of a crime? "l. Any solicitation, attempt, or conspiracy to commit any of the offenses listed in paragraphs a. to k., inclusive. If an adult household member fails or refuses to sign the required Mandatory Criminal History Check Notice and complete the questions, the approving agency shall revoke or refuse to renew the home�s license. (a) All reports of criminal history background information received by the Department of Human Resources from the Department of Public Safety shall be confidential and marked confidential with no further disclosure and shall not be made available for public inspection. Being consistent in the enforcement of foster home rules. The gate and all areas of access shall remain locked at all times the pool is not in use. 4. The approving agency will assess the prospective foster family and household members. Foster parents will participate in advocating for children�s educational needs through IEPs and other necessary methods. A foster family home wherein the foster family receives a child or children and receives payment for their care; provided however, that the number of children so received shall not exceed six, unless said children are of common parentage or to allow a parenting youth in foster care to remain with the child of the parenting youth. (4) Knowingly, willfully, and intentionally failing to report subsequent convictions as required by this chapter. A person or entity exempt by law from licensure by the Department of Human Resources or a child placing agency, including church day care, child centers, or elder centers. The approving agency shall: Make a re-examination and evaluation of the foster family home to determine continued compliance with regulations set forth in this Section. (Act 2000-775, & amp; amp; sect; 2.) Children should also be afforded opportunities to participate in age and developmentally appropriate activities and events. (Act 2000-775, & amp; amp; amp; amp; amp; sect; 4.) The types of foster family homes are defined as follows: a. BOARDING HOME. Same -- Department to establish minimum standards for licensing; factors to be considered; children in need of special treatment; department to offer consultation. Nothing contained in this chapter shall be construed to diminish, reduce, or conflict with the authority of the Department of Human Resources to interpret and apply appropriate federal and state laws governing that agency and its programs. Public Law 105-89: The Adoption and Safe Families Act of 1997. If the statement signed by the applicant or employee states that a criminal history background information check has been performed and suitability determination issued on the individual, the employer or licensing agency may request at the time of application only a suitability determination from the Department of Human Resources on the check previously performed, within five business days of employment, or completion of license or approval application, submitting the same kind of information and consent for the request for suitability determination as required by the written consent for a criminal history background information check. If a suitability determination letter is received by the licensee from the Department�s Criminal History Check Unit stating an individual is suitable for employment based on the absence of any disqualifying convictions, the licensee shall make his or her own determination regarding employment or volunteer work. "j. (5) A parent applicant for a child adoptive placement through the Department of Human Resources or child placing agency and any Department of Human Resources or child placing agency approved adoptive parent prior to entry of a final decree of adoption. l. Any solicitation, attempt, or conspiracy to commit any of the offenses listed in paragraphs a. to k., inclusive. Section 38-13-4 Mandatory criminal history check notice; suitability determinations; checks on subsequent activity. Any person who has arrived at the age of 19 and who was placed by the department or by a licensed child-placing agency shall have the right to receive from the department or from the licensed child-placing agency information concerning his placement; except, that the name and address of a natural parent or relative shall be given by the department or the licensed child-placing agency only with the consent of said natural parent or relative. (b) An applicant, licensee, volunteer, or employee shall notify the prospective or current employer, licensing agency, or entity for whom volunteer work is being performed of any criminal convictions occurring subsequent to the date of completion of the notice in Section 38-13-4. Note: The separation does not necessarily have to be legally sanctioned. (Acts 1971, 3rd Ex. Proper trash and recycling disposal. There are four foster parent assurances which include: corporal punishment, alcohol and drug use, the reasonable and prudent parent standard and smoking. (2) Violating lawfully adopted policies pursuant to this chapter. Disabilities preventing fingerprinting include the loss of both hands, severe scarring of all fingers, closed paralytic hands, and similar disabilities. Written consent from the licensee, each adult household member, substitute, caregiver, volunteer, domestic worker, as well as any other person who has contact with the children or unsupervised access to the children, for the release of the criminal history background information to the Department of Human Resources. (14) ELDERLY. (38-7-4. Educational Opportunities Foster parents will participate in ensuring regular school attendance of children in accordance with the school attendance laws. The regulations for the operation of child care institutions, group homes, maternity centers, shelter care homes and adjunct homes are titled “Minimum Standards for Residential Child Care Facilities.” Receive special approval by the approving agency for any adult roomers or boarders. If, upon such examination of the facility and investigation of the persons responsible for care of children, the department is satisfied that the facility and the responsible persons reasonably meet standards prescribed for the type of child-care facility for which application is made, the department shall issue a license or an approval in the proper form, designating on said license or approval the type of child-care facility and, except for a child-placing agency, the number of children to be served at any one time. The licensing or approval entity shall pay the cost for subsequent criminal history background information checks. Compliance is based on documentation submitted to DHR or shown during an annual inspection. If the applicant is an initial applicant, he or she must successfully complete an approved Foster Parent preparation process. Such conditions shall be for the purpose of providing the same care and protection for the child coming into the state of Alabama for placement or adoption as are afforded to a child who is born in the state of Alabama, and such conditions shall include the following: The department shall be authorized to designate an agency in another state from which said child is being sent, or in which said child�s parents or guardian may be found, to interview said parent or parents or guardians, or at least one of them, for the purpose of obtaining social information, background information and medical information about said child; The department shall be authorized to receive such information from the designated agency in the other state; The department shall be authorized to receive the birth certificate of said child from the designated agency in the other state or from other appropriate agency in the other state; The department shall be authorized to make a thorough investigation of the proposed foster parent or parents, and their home, to determine whether or not they are financially able, physically able and morally fit to have the care, supervision, training and control of said child; The department shall be authorized to make a thorough investigation of any child-care facility to which any child is being brought or sent to determine conformity to minimum standards prescribed herein for approval or licensing and to determine the suitability of such child-care facility for the care, supervision, training and control of said child; (6) In case said child, subsequent to being brought into the state of Alabama, becomes dependent, neglected or delinquent prior to his adoption or becoming of legal age of majority, said child shall be subject to the laws of the state of Alabama as if he were a resident child of this state; The child will be placed in conformity with the rules and regulations of the department; The person with whom the child is placed shall be responsible for his proper care and training; The department shall have the right of visitation and supervision of the child and the home or the child-care facility in which he is placed until adoption becomes final or the child becomes 18 years of age; The department may, pursuant to the provisions of this chapter, prescribe the conditions of an agreement or contract with the designated out-of-state agency, when a child is brought into the state of Alabama. Effective January 22, 2001 2 MINIMUM STANDARDS FOR DAY CARE CENTERS AND NIGHTTIME CENTERS REGULATIONS AND PROCEDURES Prescribed by STATE OF … %%EOF "4. The licensee and each caregiver shall have current Infant-Child Cardiopulmonary Resuscitation Certificate (CPR) from the American Red Cross, the American Heart Association, the National Safety Council or Health & Safety Institute. Public Law 115-123, the Family First Prevention Services Act, was signed into law on February 9, 2018. The individual has thirty (30) days from the date of notification to request in writing a reversal of the determination of suitability if the disqualifying conviction is not for a sex crime, or a crime against a child, an elderly individual, or an individual with disabilities. Denial The approving agency shall issue a written notice of denial when minimum standards for the operation of a foster family home have not been met. This includes the presence of screens on doors and windows if used for ventilation. Accommodations shall be available for the special care of sick members of the family and foster children. These recommendations do not change the Minimum Standards promulgated by the Alabama Department of Human Resources (DHR). Identification verification of name, date of birth, race, sex, and Social Security number in the form of a photo identification from any governmental agency, such as a driver�s license, non-driver�s identification, or program participation card. Carbon monoxide detectors shall be installed on each level of the home and at least one near all sleeping areas. A. Pre-Registration for 2020-2021 First Class Pre-K Programs; AlaKiDS; Director Resources; Early Childhood Assessment. All mobile homes shall conform to the National Mobile Home Construction and Safety Standard Act of 1974. Fees related to modern baby cribs menace to health comprehensive list of names and telephone of... 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