reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 56 - Child Placement Agencies › Article 5 - Services Related to Placement and Supervision of a Placement › 7 AAC 56.420 - Services to foster, adoptive, and guardianship parents

Current through May 31, 2024
(a) To acquaint
				  them with the agency's policies and requirements an agency may, in accordance
				  with
				  7 AAC 50.030(a), require a pre-service
				  orientation or training for an applicant for a license to be a foster home. An
				  agency may require a pre-service orientation or training for an applicant for
				  adoption or for guardianship purposes.
(b) An agency shall provide a foster,
				  adoptive and guardianship parent applicant the following information either in
				  a pre-service orientation or in writing:
(1)
				  information as appropriate to agency services, regarding the agency's program
				  and the needs of children in this state for foster care, residential care,
				  adoption, and guardianship;
(2) the
				  importance of a child's birth family and continuity for a child;
(3) in the case of an Indian child, the
				  importance of the child's tribe and clan;
(4) the agency's statement identifying all
				  specific selection criteria required of an applicant to be a foster, adoptive
				  and guardianship parent;
(5) a
				  statement of the rights and responsibilities of the agency and foster, adoptive
				  and guardianship parents or families in regard to the relationship between the
				  agency and the family, including
(A)
				  roles;
(B) training;
(C) communication process;
(D) financial reimbursement;
(E) placement procedures;
(F) support services;
(G) information sharing; and
(H) participation in the treatment
				  process;
(6) the
				  agency's policies relating to behavior management, parent, sibling, and
				  extended family visits, health care, emergency procedures, education, and
				  recreation;
(7) the agency's
				  grievance and appeal procedures available to foster, adoptive, and guardianship
				  parents and applicants;
(8) the
				  agency's policies regarding financial responsibilities and reimbursement for
				  care; and
(9) information for
				  making a complaint regarding agency services to the department.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 56 - Child Placement Agencies › Article 5 - Services Related to Placement and Supervision of a Placement › 7 AAC 56.430 - Services and the community

Current through May 31, 2024
(a) An agency shall
				  provide for recruitment of foster, adoptive, or guardianship families to care
				  for the children the agency places in care and shall include recruitment for
				  specialized identified needs and populations.
(b) An agency shall be active in interpreting
				  child welfare programs and agency services to ensure utilization by persons
				  needing the services and a realistic understanding of services by the
				  public.
(c) An agency shall
				  participate in inter-agency planning and coordination to maximize programs so
				  that birth parents and applicants for foster, adoptive, and guardianship
				  placements may have greater freedom of choice and opportunity to apply for
				  services, regardless of racial, ethnic, religious group, or ability to pay a
				  fee.
Authority:
AS
						44.29.020
AS 47.35.010
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 56 - Child Placement Agencies › Article 5 - Services Related to Placement and Supervision of a Placement › 7 AAC 56.440 - Service plan reviews

Current through May 31, 2024
(a) Within 30 days of a foster or residential
				  care placement, the worker responsible for a child shall review the
				  appropriateness of the child's placement. The worker shall update the child's
				  individual service plan if necessary or work together with the foster parents
				  or staff responsible for the child's care to revise the child's agreement and
				  plan of care or treatment plan.
(b)
				  An agency shall develop a plan for the child's permanent placement within 60
				  days of placement in foster or residential care.
(c) An agency shall develop a policy for
				  reviewing service plans appropriate to the needs of the children served. The
				  policy must address issues of disruption of placement and planned subsequent
				  placements in addition to regular reviews. Periodically, and at least every six
				  months from the date of placement, until family reunification, emancipation or
				  adoption or guardianship finalization, the agency shall review and revise as
				  necessary, the service plan for each child.
(d) An agency serving a child in state
				  custody shall cooperate in any foster or residential care review under
				  AS
				  47.14.200 -
				  AS
				  47.14.299 and an administrative foster or
				  residential care review by the division under
				  42 U.S.C.
				  622 and
				  675, if required.
Authority:
AS
						44.29.020
AS 47.35.010
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 56 - Child Placement Agencies › Article 5 - Services Related to Placement and Supervision of a Placement › 7 AAC 56.450 - Monitoring and supervision of services

Current through May 31, 2024
(a) A worker shall
				  visit a child, other than an infant, at least once per month during the first
				  six months of placement and when consistent with the service plan, the child's
				  birth family. A worker shall visit a normally developing infant once each two
				  months during the first six months of placement. Following the first six months
				  of placement the worker shall visit a child once per quarter.
(b) During visits required by (a) of this
				  section the worker shall
(1) assess progress
				  toward meeting the child's care and treatment plan goals by meeting with the
				  child and the child's caregivers;
(2) assist the caregivers by providing
				  information on the child and arranging needed resources as appropriate;
				  and
(3) assess the ability of the
				  placement setting to meet the child's needs and address any concerns regarding
				  the caregiver's ability to provide appropriate care for the child.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 56 - Child Placement Agencies › Article 5 - Services Related to Placement and Supervision of a Placement › 7 AAC 56.460 - Emergency removal and subsequent placement of a child

Current through May 31, 2024
(a) In an emergency
				  when the agency determines that remaining in a placement setting would endanger
				  the health or safety of a child or children, the agency may remove the child
				  immediately. The agency shall give written notice to the foster parents,
				  residential program, adoptive parents, or guardianship parents of the specific
				  reasons for the removal.
(b) When
				  doing an emergency removal and subsequent placement
(1) an agency shall give first consideration
				  to returning the child to the child's parent or to placing the child with a
				  relative;
(2) in the case of Indian
				  child, an agency shall follow the placement preference requirements of
				  25 U.S.C.
				  1915;
(3) a level II child placing worker shall
				  approve a move within 10 working days of placement;
(4) before the move the assigned worker shall
				  discuss the circumstances that make the move necessary with the child, as
				  appropriate to the child's age and ability to respond orally and behaviorally
				  to such a discussion; and
(5)
				  before placement, the social, medical, psychological, and school history as it
				  relates to the child's needs and plans for care and management must be shared
				  with the foster or residential child care facility staff responsible for the
				  child's care.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 56 - Child Placement Agencies › Article 6 - Foster and Residential Care Placement and Foster Home Evaluation › 7 AAC 56.500 - Placement agreement

Current through May 31, 2024
(a) For foster and residential care
				  placements, an agency shall develop a placement agreement, with the involvement
				  of the child, if the child is able to read and understand the agreement, and
				  with the child's parent. If the involvement of any of these persons is not
				  feasible or desirable, the agency shall document the reasons. All parties
				  involved shall sign the agreement. The agency shall keep a copy of the
				  agreement in the child's record and provide a copy to the child and the child's
				  parent.
(b) The placement agreement
				  required by (a) of this section must indicate a date of expiration of the
				  agreement no later than one year from the date of signing. It must also include
				  by reference or attachment
(1) an
				  authorization to care for the child;
(2) the type of placement setting that is
				  planned;
(3) the goals for the care
				  of the child and anticipated length of placement;
(4) a delineation of the respective roles and
				  responsibilities of all parties involved, including services to be provided by
				  the agency, services to be provided through community resources, and services
				  to be provided by the parent;
(5)
				  health information on the child required by
				  7 AAC 50.455(b);
(6) arrangements regarding family visits,
				  mail, gifts, telephone calls, and personal money, in excess of $100, belonging
				  to the child;
(7) consent forms
				  signed by an authorized person, including consent for emergency medical and
				  surgical care required by
				  7 AAC 50.300(a) (1)(C)(ii);
(8) arrangements as to the nature and
				  frequency of reports to, and meetings involving the child's parent;
(9) provision for notification of a parent in
				  the event of unauthorized absences, medical or dental problems, and any
				  significant events regarding the child;
(10) provision for obtaining parent
				  permission when circumstances warrant, such as for a child's major medical care
				  or for a child's participation in certain risk activities;
(11) financial responsibilities of all
				  parties, including responsibility for the provision of medical care;
(12) a plan for reevaluation and modification
				  of the agreement; and
(13) a
				  statement informing a parent that the parent has the right to regain care of
				  the child at any time upon request, unless the child is by court order, a child
				  in state custody.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 56 - Child Placement Agencies › Article 6 - Foster and Residential Care Placement and Foster Home Evaluation › 7 AAC 56.510 - Placement requirements

Current through May 31, 2024
(a) Except in an emergency placement or for
				  respite care, an agency may not place a child in foster or residential care
				  without
(1) an intake evaluation developed in
				  accordance with
				  7 AAC 56.320 and service plan for the child and the child's
				  family developed according to
				  7 AAC 56.340;
(2) an authorization to place the child
				  according to
				  7 AAC 56.370;
(3) a placement agreement developed in
				  accordance with
				  7 AAC 56.500;
(4) repealed 7/1/2022;
(5) if the placement is for residential care
				  arrangements to participate in the development of the child's treatment plan in
				  accordance with
				  7 AAC 50.330; and
(6) if the placement is for foster care, an
				  evaluation of the prospective foster home according to the requirements of
				  7 AAC 56.550
				  and
				  7 AAC 56.560.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 56 - Child Placement Agencies › Article 6 - Foster and Residential Care Placement and Foster Home Evaluation › 7 AAC 56.520 - Supervision of placement

Current through May 31, 2024
(a) The
				  requirements of this section are in addition to the monitoring and supervision
				  requirements set out in
				  7 AAC 56.450.
(b) An agency shall arrange for visits
				  between the child and family as required by
				  7 AAC 56.340(b) (2) and (3).
(c) An agency shall ensure that an inventory
				  of the clothing and personal property of a child is made when a child is placed
				  in foster or residential care. The agency shall
(1) account for the clothing and personal
				  property to the individual or agency receiving the child upon the child's
				  release from foster or residential care; and
(2) ensure that adequate clothing is provided
				  for the child while the child is in foster or residential care.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 56 - Child Placement Agencies › Article 6 - Foster and Residential Care Placement and Foster Home Evaluation › 7 AAC 56.530 - Subsequent placement

Current through May 31, 2024
For non-emergency subsequent placements
(1) a level II child placing worker shall
				  approve a planned move before a child is moved from one placement to another;
				  and
(2) the agency shall arrange
				  for at least one preplacement visit in the residential child care facility or
				  foster home before moving a child over six months of age.
Authority:
AS
						44.29.020
AS 47.35.010
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 56 - Child Placement Agencies › Article 6 - Foster and Residential Care Placement and Foster Home Evaluation › 7 AAC 56.540 - Discharge

Current through May 31, 2024
(a) An agency shall make diligent efforts to
				  involve the following individuals in planning the discharge of a child:
(1) the child;
(2) the child's parent;
(3) child placing workers in the
				  agency;
(4) foster parents or
				  residential staff responsible for the child's care;
(5) the state placing worker, if
				  applicable.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 56 - Child Placement Agencies › Article 6 - Foster and Residential Care Placement and Foster Home Evaluation › 7 AAC 56.550 - Foster home study

Current through May 31, 2024
(a) An agency shall conduct a foster home
				  study for all family applicants being considered as a foster family home or
				  foster group home of the agency. The home study report must state the number of
				  interviews and visits included in the home study process. The home study
				  process must include at least the following:
(1) one face to face interview with all
				  individuals living in the home of the applicant;
(2) one on-site home visit;
(3) an assessment of the capabilities,
				  willingness and readiness of the prospective foster parent to properly parent a
				  child not born to the individual.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 56 - Child Placement Agencies › Article 6 - Foster and Residential Care Placement and Foster Home Evaluation › 7 AAC 56.560 - Verification for foster home licensing

Current through May 31, 2024
(a) The department
				  may enter into an agreement authorizing an agency to inspect and evaluate
				  applicants for a foster home or foster group home license or renewal of a
				  license under 7 AAC 67 and to monitor the homes, if the department determines
				  that the agency is qualified under AS 47.32 and this chapter to do so. The
				  agreement may authorize an agency to
(1)
				  obtain a completed application for a license or renewal of a license from the
				  applicant;
(2) inspect and evaluate
				  the proposed foster home or foster group home;
(3) request sanitation and environmental or
				  fire safety inspections from authorities if inspections are required by
				  applicable statutes, regulations, or considered necessary by agency;
(4) submit verification to the department
				  that all requirements for licensure have been met; and
(5) provide ongoing monitoring and foster
				  home or foster group home management under
				  7 AAC 56.570.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 56 - Child Placement Agencies › Article 6 - Foster and Residential Care Placement and Foster Home Evaluation › 7 AAC 56.570 - Foster home management

Current through May 31, 2024
(a) An agency authorized to act under
				  7 AAC 56.560(a) shall evaluate all
				  requirements for each home reviewed by the agency at least every two years, and
				  whenever a change is made that affects the conditions of the verification to
				  the department. These changes include the admission to the home of a resident
				  who is 18 years of age or older. The re-evaluation must document that
				  appropriate requirements of AS 47.10, AS 47.32, 7 AAC 67, and this chapter are
				  met.
(b) An agency shall perform a
				  monitoring visit at least annually to each home reviewed by the agency in which
				  children are placed. Records documenting the visit must include notes on
				  requirements evaluated for compliance, any noncompliance found, and plans for
				  correction. The agency shall follow-up on any noncompliance and document if
				  corrections have been made.
(c)
				  Monitoring visits are not required for homes in which no children are in care.
				  These homes must be re-evaluated before additional placements are
				  made.
(d) The agency shall ensure
				  that the home reviewed by the agency has sufficient adult caregivers or staff
				  with needed qualifications to protect the health and safety of the children in
				  care.
(e) Verification of a home
				  reviewed by the agency applies only to the location of the residence at the
				  time the evaluation is made. If the family moves, the agency may not use the
				  home for placement until verification of the home for the new location is
				  completed.
Authority:
AS 44.30.020
AS
						47.32.030
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 56 - Child Placement Agencies › Article 6 - Foster and Residential Care Placement and Foster Home Evaluation › 7 AAC 56.575 - Placement goal regarding children in foster care for more than 24 months

Current through May 31, 2024
(a) For
				  the purposes of 42 U.S.C.
				  671(a)(14) (sec. 471(a)(14)
				  of the Social Security Act) and
				  45 C.F.R.
				  1356.21(n), the department's
				  placement goal for the state's foster care program is to limit the number of
				  children who remain in foster care for more than 24 months to no more than 35
				  percent of the foster care population during a fiscal year.
(b) The agency shall report to the department
				  on or before August 1 each year the number of children who, in the previous
				  fiscal year,
(1) were in foster care;
				  and
(2) had been in foster care for
				  more than 24 months; for purposes of this paragraph, the agency shall include
				  the date of placement in foster care for each child.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 56 - Child Placement Agencies › Article 7 - Adoptive and Guardianship Placement and Home Study › 7 AAC 56.600 - Placement agreement

Current through May 31, 2024
(a) Before placing the child into a home, the
				  child placement agency must have a written agreement with the adoptive or
				  guardianship parents. A signed copy of this agreement must be given to the
				  adoptive or guardianship parents.
(b) The agreement must specify the following:
(1) the adoptive or guardianship parents and
				  the agency agree to complete the adoption or guardianship within a specified
				  time;
(2) the adoptive or
				  guardianship parents agree to supervision by the agency during the time before
				  completion of the adoption or guardianship;
(3) the adoptive or guardianship parents must
				  notify the agency before removing the child from this state before the
				  completion of the adoption or guardianship;
(4) either the adoptive or guardianship
				  parents or the agency can return the child to the agency at the discretion of
				  either the adoptive or guardianship parents or the agency before the adoption
				  or guardianship is completed;
(5)
				  what the fee and schedule of payment are.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 56 - Child Placement Agencies › Article 7 - Adoptive and Guardianship Placement and Home Study › 7 AAC 56.610 - Placement requirements

Current through May 31, 2024
(a) An agency may not place a child in an
				  adoptive or guardianship home without
(1) an
				  intake evaluation developed in accordance with
				  7 AAC 56.320 and service plan for the child and the
				  child's family developed according to
				  7 AAC 56.340;
(2) an authorization to place the child
				  according to
				  7 AAC 56.370;
(3) a placement agreement developed in
				  accordance with
				  7 AAC 56.600;
(4) a home study of the prospective home
				  according to the requirements of
				  7 AAC 56.660.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 56 - Child Placement Agencies › Article 7 - Adoptive and Guardianship Placement and Home Study › 7 AAC 56.620 - Pre-adoption or guardianship finalization activities

Current through May 31, 2024
(a) During the
				  supervisory period the child placement agency shall maintain responsibility for
				  the child placed until the court has entered the adoption decree or finalized a
				  guardianship.
(b) During the
				  post-placement period, the agency shall document any changes in the adoptive
				  family in health, financial condition, or composition that may affect the
				  child.
(c) To ensure that paternity
				  on the child's birth certificate has not been changed as a result of child
				  support enforcement action under
				  AS
				  25.27.160 -
				  AS
				  25.27.166 or other action, an agency shall
				  request a parent to obtain and provide the agency with a birth certificate
				  current within 30 days before to a hearing to finalize the adoption of a child.
				  Upon learning that paternity has been changed an agency shall give the father
				  identified on the birth certificate the opportunity to sign a voluntary
				  relinquishment, a waiver of notification of the adoption under
				  AS
				  25.23.050, a denial of paternity, or
				  otherwise exercise parental rights.
(d) The agency shall make every effort to see
				  that the adoption is finalized or guardianship completed as specified within
				  the written agreement.
(e) If the
				  placement is unsatisfactory to meet the needs of the child and post-placement
				  services have been provided to the family and the child in order to attempt to
				  remediate the difficulties, the agency shall remove the child from the adoptive
				  home.
(f) If a child returns to the
				  care of the agency, the circumstances necessitating this return and the child's
				  needs must be documented in the child's record.
Authority:
AS
						44.29.020
AS 47.35.010
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 56 - Child Placement Agencies › Article 7 - Adoptive and Guardianship Placement and Home Study › 7 AAC 56.630 - Post-adoption or guardianship services

Current through May 31, 2024
After the adoption is finalized or a guardianship is
					 completed, the child placement agency shall offer counseling services to a
					 birth parent, the adoptive child, and the adoptive family. These services may
					 be provided through referrals outside the agency.
Authority:
AS
						44.29.020
AS 47.35.010
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 56 - Child Placement Agencies › Article 7 - Adoptive and Guardianship Placement and Home Study › 7 AAC 56.640 - Subsequent adoptions or guardianships

Current through May 31, 2024
Before a subsequent placement is made into an adoptive or
					 guardianship home, the home study must be made up-to-date within the 30-day
					 period before the intended subsequent placement. The home study for a
					 subsequent placement must be in writing and must include
(1) at least one individual interview with
				  each applicant individually;
(2) at
				  least one visit to the home when all individuals living in the home are
				  present;
(3) observation of the
				  adjustment of the children in the family and how the children feel about the
				  addition of another child; and
(4)
				  updates, as appropriate, on areas addressed in the home study for the initial
				  placement.
Authority:
AS
						44.29.020
AS 47.35.010
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 56 - Child Placement Agencies › Article 7 - Adoptive and Guardianship Placement and Home Study › 7 AAC 56.650 - Adoptive and guardianship home application and notification regarding application

Current through May 31, 2024
(a) An agency shall provide an application
				  form for prospective adoptive or guardianship applicants. The application form
				  must include
(1) the name and birth date of
				  each applicant and the name and age of each member of the individual's
				  household;
(2) the phone number and
				  electronic mail address, if any, of the applicant;
(3) the race and tribal affiliation of the
				  applicant, if applicable;
(4) the
				  physical location and mailing address of the applicant's residence;
(5) names, phone numbers, and addresses of
				  four references for the applicant;
(6) a release for the applicant and for each
				  adult living in the applicant's home, authorizing the agency to review criminal
				  justice information, medical records, and licensing records that are relevant
				  to the person who is the subject of the release and to request a protective
				  service records check on the subject of the release;
(7) two sets of fingerprints of each person
				  required to provide a release under (7) of this subsection in order for the
				  department to submit the fingerprints to the Department of Public Safety for
				  the purpose of conducting state and national criminal background checks from
				  criminal justice information received under AS 12.62 and regulations adopted
				  under AS 12.62;
(8) whether the
				  application is for adoption or guardianship;
(9) evidence that the applicant has completed
				  orientation or training required by the agency, if applicable; and
(10) other information in order to enable the
				  agency to determine if the applicant meets the requirements of
				  7 AAC 56.660; in this paragraph, "other information"
				  includes education, training, marital history, religious preference, children,
				  occupation, interests, annual income for the previous year, financial
				  resources, debts, expenses, employment history, and any insurance coverage
				  required by the agency.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 56 - Child Placement Agencies › Article 7 - Adoptive and Guardianship Placement and Home Study › 7 AAC 56.660 - Adoptive and guardianship home study

Current through May 31, 2024
(a) An agency shall
				  conduct a home study for all applicants in the family being considered as an
				  adoptive or guardianship home reviewed by the agency. The report of the home
				  study must state the number of interviews and visits included in the home
				  study. The home study must include at least the following:
(1) one face to face interview with all
				  individuals living in the home;
(2)
				  one on-site home visit;
(3) an
				  assessment of the capabilities, willingness, and readiness of the prospective
				  adoptive or guardianship parent to properly parent a child not born to the
				  parent.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 56 - Child Placement Agencies › Article 7 - Adoptive and Guardianship Placement and Home Study › 7 AAC 56.670 - Intercountry adoption requirements

Current through May 31, 2024
(a) In addition to
				  meeting the requirements of
				  7 AAC 56.150(g),
				  7 AAC 56.370(b) (1) and (7), and
				  7 AAC 56.380(b), an agency providing
				  intercountry adoption services shall meet the requirements of this
				  section.
(b) Before an adoption or
				  placement with a family in this state or another state of the United States,
				  the agency shall cooperate with the agency in the country of origin of the
				  child in the completion of a plan that defines financial and social services
				  responsibilities.
(c) An agency
				  providing intercountry adoption services shall
(1) provide adopting parents with health and
				  other information about the child per
				  7 AAC 56.150(g);
(2) provide adopting parents with information
				  about naturalization proceedings; and
(3) provide the country of origin all
				  follow-up information as that country requires before final adoption.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 56 - Child Placement Agencies › Article 8 - Miscellaneous Provisions › 7 AAC 56.990 - Definitions

Current through May 31, 2024
In this chapter,
(1) "credited college or university" means a
				  college or university accredited by the regional or national accrediting
				  agencies recognized by the Council on Post-Secondary Accreditation and the
				  United States Department of Education at the time the degree was
				  conferred;
(2) "administrator"
				  means an individual who has general administrative charge and oversight of a
				  facility or agency;
(3) "agency"
				  means a child placement agency;
(4)
				  "Alaska Sexual Offender Registry" means the central registry of sex offenders
				  and child kidnappers established under
				  AS
				  18.65.087(a);
(5) "arranges or arranging for placement"
				  means planning for a child's care and treatment, selection of a particular
				  foster care, residential care, guardianship, or adoption setting for a child or
				  linking a birth parent to a particular foster care, residential care,
				  guardianship or adoption setting for a child, and supervision of a child's
				  care;
(6) "caregiver" includes a
				  foster, adoptive or guardianship parent, staff in a residential child care
				  setting, or other person responsible for a child's care in a placement
				  setting;
(7) "child" means
(A) an individual under 18 years of age,
				  including an individual who is a relative of a care provider, administrator, or
				  foster parent; or
(B) an individual
				  18 through 20 years of age who is
(i) in the
				  custody of the state; or
(ii) a
				  runaway child served by an agency;
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 57 - Child Care Facilities Licensing › Article 1 - Licensing Process › 7 AAC 57.010 - Applicability

Current through May 31, 2024
(a) The provisions of this chapter apply to
				  child care facilities licensed or required to be licensed under
				  AS
				  47.32.010 and this chapter. A facility
				  regularly providing child care for five or more children who are not relatives
				  of the caregiver may not operate as a child care facility unless the facility
(1) has a current license issued by the
				  department under this chapter; or
(2) is exempt under
				  7 AAC 57.015.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 57 - Child Care Facilities Licensing › Article 1 - Licensing Process › 7 AAC 57.020 - Voluntary child care licensure; exempt facilities

Current through May 31, 2024
The department will not issue a license to a child care
					 facility that is exempt under
					 7 AAC 57.015(2), (3), (4), (9), (10), or (11).
Authority:
AS
						44.29.020
AS 47.32.010
AS 47.32.020
AS
						47.32.030
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 57 - Child Care Facilities Licensing › Article 1 - Licensing Process › 7 AAC 57.025 - Compliance and other reviews

Current through May 31, 2024
(a) For purposes of
				  determining compliance with and achieving the purposes of AS 47.05.300 -
				  47.05.990, AS 47.32, 7 AAC 10.900 - 7 AAC 10.990 (barrier crimes and
				  conditions; background checks), 7 AAC 10.1000 - 7 AAC 10.1095 (environmental
				  health and safety), and this chapter, and for purposes of ongoing monitoring,
				  the department may conduct inspections and investigations under AS 47.32.060
				  and 47.32.090 - 47.32.110, including announced or unannounced on-site
				  inspections and investigations under 7 AAC 10.9600 - 7 AAC 10.9620.
(b) In addition to conducting compliance and
				  monitoring reviews described in (a) of this section, the department will
(1) review for completeness a license
				  application or variance request and notify the applicant not later than 10 days
				  after the department receives the application or request of any omission or
				  additional information required;
(2) conduct, not later than 90 days after the
				  department receives a complete application, a pre-service health and safety
				  inspection of the facility for the purposes of compliance for a provisional
				  license;
(3) conduct, not earlier
				  than 90 days before the provisional license expiration date, a compliance
				  inspection of the facility for the purposes of converting a provisional license
				  to a biennial license;
(4)
				  conduct, not earlier than 60 days before and not later than 60 days after the
				  license anniversary date, an annual inspection of the facility for the purposes
				  of monitoring compliance;
(5)
				  conduct, not later than 90 days after the department receives a complete
				  application, a renewal inspection of the facility for the purposes of
				  determining compliance to renew a biennial license;
(6) conduct, annually during each licensing
				  period, an unannounced health and safety inspection of the facility for the
				  purposes of monitoring compliance;
(7) conduct, when the department receives a
				  complaint, an investigation of the facility for the purposes of determining
				  compliance with this chapter or other applicable law; and
(8) except as provided in (c) of this
				  section, issue an updated license not later than 20 days after the department
				  receives and approves a
(A) request for an
				  updated license; or
(B) notice of
				  a change under
				  AS
				  47.32.200 or
				  7 AAC 57.240(a) or (b)(4), if the
				  department determines an updated license is required.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 57 - Child Care Facilities Licensing › Article 1 - Licensing Process › 7 AAC 57.030 - Application for license; biennial renewal

Current through May 31, 2024
(a) If an
				  orientation and pre-service training program is available within 60 miles by
				  road of the facility, an applicant for a license to operate a child care
				  facility under this chapter must attend and complete the program. If the
				  applicant does not complete the required program, the department will suspend
				  processing the application until the requirement is met.
(b) An applicant for a license to operate a
				  child care facility under this chapter shall initiate the application in the
				  name of the individual or legal entity responsible for operation of the
				  facility.
(c) An applicant for a
				  provisional or biennial license under AS 47.32 and this chapter shall submit a
				  completed application on a form supplied by the department and shall provide
				  the following information as applicable to the type of child care facility:
(1) the name, mailing address, telephone
				  number, facsimile number, if any, electronic mail address, if any, and title,
				  if any, of
(A) the applicant; if the applicant
				  is an individual, the application must also include the name, age, and driver's
				  license number, if any, of each member of the individual's household;
(B) each individual who has an ownership or
				  management interest in the facility if the applicant is an agency, corporation,
				  partnership, association, or any other form of organization;
(C) the chief executive officer of the unit
				  or subunit of government, if the applicant is a government agency;
(D) the owner of the property that houses the
				  facility; and
(E) the administrator
				  of the facility or agency;
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 57 - Child Care Facilities Licensing › Article 1 - Licensing Process › 7 AAC 57.035 - Grounds for nonrenewal or revocation of license

Current through May 31, 2024
(a) For purposes of
				  AS
				  47.32.050 and
				  47.32.060, in addition to the
				  ground of violation of AS 47.32,
				  7 AAC 10.1000 -
				  7 AAC 10.1095, or this chapter, the department may
				  revoke or decline to renew a license issued under this chapter on one or more
				  of the following grounds:
(1) the child care
				  facility fails to submit a timely and complete renewal application;
(2) the licensee, administrator, a member of
				  the licensee's household, or other individual associated in a manner described
				  in 7 AAC 10.900(b)
(A) is one for whom the department determines
				  under 7 AAC 10.900 - 7 AAC 10.990 (barrier crimes and conditions: background
				  checks) that a barrier crime or condition exists, unless the department grants
				  a redetermination under 7 AAC 10.927 or grants a variance under 7 AAC 10.930
				  and 7 AAC 10.935; or
(B) is charged
				  with, convicted of, found not guilty by reason of insanity for, or adjudicated
				  as a delinquent for a crime or offense listed in 7 AAC 10.905, unless the
				  department grants a redetermination under 7 AAC 10.927 or grants a variance
				  under 7 AAC 10.930 and 7 AAC 10.935;
(3) the child care facility obtains or
				  attempts to obtain or retain a license under this chapter by fraudulent means,
				  misrepresentation, or by submitting false information;
(4) the department's report of investigation
				  or inspection under
				  AS
				  47.32.120 concludes that the department has
				  reason to believe that a violation of an applicable statute or regulation has
				  occurred that presents an immediate danger to the health, safety, or welfare of
				  an individual receiving services from the entity;
(5) the child care facility fails to correct
				  a violation noted in a report of investigation provided under AS 47.32 and
				  7 AAC 10.9600 -
				  7 AAC 10.9620;
(6) the child care facility fails to comply
				  with a final administrative order issued under AS 47.32.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 57 - Child Care Facilities Licensing › Article 1 - Licensing Process › 7 AAC 57.040 - Inspections and evaluations by an individual or agency

Current through May 31, 2024
(a) The department
				  may enter into a contract or agreement under
				  AS
				  47.32.030(a)(6) or (7)
				  authorizing a qualified individual, private agency, or government agency to
				  inspect and evaluate applicants for a license or renewal of a license under AS
				  47.32 and this chapter and to monitor facility operations. Through the contract
				  or agreement, the department may authorize the individual or agency to
(1) obtain a completed licensing application
				  or renewal application from the applicant;
(2) inspect and evaluate the proposed
				  facility for compliance with AS 47.32,
				  7 AAC 10.1000 -
				  7 AAC 10.1095, and this chapter;
(3) request inspections from other state or
				  municipal authorities if inspections are required by applicable regulations or
				  considered necessary by the individual or agency;
(4) submit the application, licensing
				  evaluation, and related reports to the department; and
(5) provide ongoing monitoring for compliance
				  with applicable requirements.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 57 - Child Care Facilities Licensing › Article 1 - Licensing Process › 7 AAC 57.045 - Delegation and withdrawal of authority to license child care facilities

Current through May 31, 2024
(a) The
				  department will delegate its authority to regulate child care facilities to a
				  municipality if the requirements of
				  AS
				  47.32.030(b) and this
				  section are met.
(b) A municipality
				  to which licensing powers have been delegated shall investigate, license, and
				  supervise child care facilities within its jurisdiction and shall enforce the
				  applicable provisions of AS 47.32,
				  7 AAC 10.1000 -
				  7 AAC 10.1095, and this chapter unless the municipality
				  grants a variance from one or more of those requirements to a particular child
				  care facility.
(c) A municipality
				  seeking delegation of the department's authority under
				  AS
				  47.32.030(b) shall
(1) specify by ordinance the types of child
				  care facilities subject to licensure and supervision by the
				  municipality;
(2) adopt by
				  ordinance the authority to establish procedures for licensing and enforcement
				  of child care facilities that meet or exceed the standards of AS 47.32,
				  7 AAC 10.1000 -
				  7 AAC 10.1095, and this chapter;
(3) adopt by ordinance the applicable
				  provisions of
				  7 AAC 10.1000 -
				  7 AAC 10.1095 and this chapter, except that, where a
				  state statute or regulation is referred to in
				  7 AAC 10.1000 -
				  7 AAC 10.1095 or this chapter, the municipality may
				  instead refer to a similar municipal ordinance;
(4) establish licensing and enforcement
				  procedures and submit a copy of those procedures to the department;
				  and
(5) submit a copy of the
				  municipality's child care licensing ordinance to the department with the
				  request for delegation of authority.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 57 - Child Care Facilities Licensing › Article 1 - Licensing Process › 7 AAC 57.055 - Disclosure of department licensing records

Current through May 31, 2024
(a) The
				  department's licensing records for a child care facility are public records
				  unless
(1) otherwise made confidential by
				  AS
				  47.32.180 or another applicable state or
				  federal law; or
(2) the records are
				  protected by a privilege or principle recognized by the courts.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 57 - Child Care Facilities Licensing › Article 1 - Licensing Process › 7 AAC 57.060 - Request for general variance

Current through May 31, 2024
A child care facility may request a general variance from a
					 requirement of AS 47.32,
					 7 AAC 10.1000 -
					 7 AAC 10.1095, or this chapter in accordance with
					 7 AAC 10.9500 -
					 7 AAC 10.9535.
Authority:
AS
						44.29.020
AS 47.05.310
AS 47.05.320
AS 47.05.340
AS 47.32.010
AS
						47.32.030
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 57 - Child Care Facilities Licensing › Article 2 - Administration › 7 AAC 57.200 - Responsibilities of a governing body for a child care facility

Current through May 31, 2024
(a) In a child care
				  facility that is governed by a board or other body, the board or other body
				  shall
(1) determine policy for the operation
				  and management of the facility that meets the applicable requirements of AS
				  47.05.300 - 47.05.990, AS 47.32, 7 AAC 10.900 - 7 AAC 10.990 (barrier crimes
				  and conditions; background checks), 7 AAC 10.1000 - 7 AAC 10.1095
				  (environmental health and safety), and this chapter, and provide for
				  implementation of that policy by an administrator;
(2) adopt a job description that clearly
				  describes the administrator's role and responsibilities;
(3) appoint an individual who is qualified
				  under 7 AAC 57.300 to act as
				  administrator, and to be charged with the active management of the
				  facility;
(4) annually evaluate the
				  administrator's performance;
(5)
				  approve the annual budget of anticipated income and expenses to provide the
				  services described in the statement of purpose and approve or take corrective
				  action on financial audit reports;
(6) conduct at least three meetings each year
				  and maintain minutes of each meeting; and
(7) provide for orientation to new board
				  members and biennial training for each board member on the role and
				  responsibilities of a board member.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 57 - Child Care Facilities Licensing › Article 2 - Administration › 7 AAC 57.210 - Administrator

Current through May 31, 2024
(a) The governing body or owner of a child
				  care facility shall designate an administrator qualified under
				  7 AAC 57.300. The administrator may be the same
				  individual who owns or is otherwise legally responsible for operating the
				  facility.
(b) During periods when
				  the administrator is absent from the facility, the governing body or owner of a
				  child care facility with one or more employees shall designate an onsite adult
				  caregiver who meets the age and qualification requirements of
				  7 AAC 57.300(a) and (b), and has at
				  least one year of child care experience, to act on behalf of the administrator
				  in the administrator's absence. The designated caregiver may be a child care
				  associate qualified under
				  7 AAC 57.330. If the administrator is absent for three
				  consecutive weeks or longer, the child care facility governing body or owner
				  shall designate a child care associate qualified under
				  7 AAC 57.330 to act on behalf of the
				  administrator.
(c) Unless the
				  governing body or owner of a child care facility has previously designated an
				  onsite child care associate who is qualified under
				  7 AAC 57.330, the administrator may be responsible for
				  no more than two child care facilities and must be onsite during daytime hours
				  while the facility is providing child care as follows:
(1) at least 20 hours per week for a full-day
				  or 24-hour child care facility;
(2)
				  at least 10 hours per week for a program that provides child care during
				  daytime hours only, and that provides child care for five or fewer hours per
				  day.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 57 - Child Care Facilities Licensing › Article 2 - Administration › 7 AAC 57.220 - Child care facility operation and management

Current through May 31, 2024
(a) A child care
				  facility with one or more employees shall provide personnel policies to those
				  employees when they start employment at the facility. The personnel policies
				  must include, as applicable,
(1) personnel
				  qualifications;
(2) the job
				  description applicable to each employee; and
(3) procedures for annual
				  evaluation.