Licensing Standards for DayCare Centers
7 AAC 50.210
QUALIFICATIONS AND RESPONSIBILITIES OF PERSONS HAVING REGULAR CONTACT WITH
CHILDREN IN A FACILITY
(a) An adult having regular contact with children in a facility and a caregiver
of any age must be a responsible individual of reputable character who exercises
sound judgment.
(c) A person may not work, volunteer, or reside in the part of a facility
where child care is provided or in any other part of the facility with direct
access to the part of the facility where child care is provided if the person
- (1) is the alleged perpetrator of an incident of child abuse or neglect
in which the division found the evidence available substantiates the allegation;
- (2) has a physical, health, mental health, or behavioral problem to an
extent that it poses a significant risk to the health, safety, or well-being
of children in care;
- (3) has a domestic violence or alcohol or other substance abuse problem
to an extent that it can be detrimental to the health, safety or well-being
of children in care;
- (4) was the subject of prior adverse licensing action of the kind described
at AS 47.35.120(b)(5) -(7); or
- (5) was,
- (A) within the last 10 years, under indictment, charged by information
or complaint, or convicted of a misdemeanor crime of assault, reckless
endangerment, misconduct involving a controlled substance, or perjury,
as defined in AS 11 or the laws of another jurisdiction; or
- (B) at any time, under indictment, charged by information or complaint,
or convicted of a serious offense, as defined in AS 12.62.900.
(d) A facility may and the division will, in its discretion, require that a person
having regular contact with children in a facility provide an evaluation from
a probation, health, or mental health professional affirming that the person is
free from problems that can be detrimental to the health, safety, or well-being
of a child in the facility.
(e) A person having regular contact with children in a facility may not abuse
a child or engage in any exploitive or sexual act with a child. An adult having
regular contact with children in a facility may not have a romantic relationship
with a child.
(f) The division will review its child protection records and previous licensing
records and criminal justice information with respect to the designated administrator
, all adult members of the licensee's household, and any adult residing in any
part of the facility, if that adult has direct access from the adult's residence
to the part of the facility where child care is provided.
(h) Each administrator in a child care facility, all adult members of the
licensee's household, and any adult residing in any part of the facility, if
that adult has direct access from the adult's residence to the part of the facility
where child care is provided, shall submit a printout of the person's state
criminal justice record from the Department of Public Safety to the licensing
representative. The printout must contain criminal justice information at the
level available to an interested person under AS 12.62.160(b)(10). If the facility
is not in a community having a state trooper's office, the printout must be
obtained and then submitted when the person next visits a community with a state
trooper's office. In addition, the division may, in the exercise of its discretion,
require fingerprinting as set out in(g) of this section.
(j) A caregiver must be able to
- (1) support behavior of children with positive guidance and set clear and
consistent limits to promote the children's ability for self discipline;
- (2) provide children with a variety of age-appropriate learning and social
experiences;
- (3) prevent exposure of children to high risk, including exposure to physical
hazards and encounters with persons or animals known to be a danger;
- (4) use strategies to prevent aggressive behavior and to deescalate volatile
situations; and
- (5) act as a positive role model for children.
(k) [Emp & Vol] A facility with one or more employees or regular volunteers
shall obtain a completed application for employment from each person hired as
an employee or accepted as a regular volunteer. The completed application for
employment must provide the information necessary to determine whether the applicant
has the qualifications required under this section. In addition, the facility
shall obtain at least three positive written references on a prospective employee,
at least two of which are from persons unrelated to the applicant, and at least
one positive reference on a prospective regular volunteer before the employee
or regular volunteer is allowed to have contact with children. An occasional volunteer
and a member of the licensee's household are exempt from the application and reference
requirements. A reference must
- (1) be received directly from the individual making the reference;
- (2) attest to the person's ability to work successfully with children,
act as a positive role model for children, and meet the requirements of this
section; and
- (3) if taken by telephone, be recorded immediately by written notes, signed,
and dated.
(l) In this section,
- (1) "adult member of the licensee's household" means a person
18 years or older who remains or intends to remain in the facility for more
than 45 days, but does not include
- (A) a person 18 or 19 years of age who is in the custody of the state;
or
- (B) who is a runaway sheltered in a facility or an adult client of
a maternity home;
- (2) "child abuse or neglect" has the same meaning as in AS 47.17.290;
- (3) "indictment" includes presentment or charging by information;
- (4) "person having regular contact with children in a facility"
means a caregiver, a member of the licensee's household, and a person residing
in any part of the facility, if that person has direct access from the person's
residence to the part of the facility where child care is provided.(Eff. 1/1/96,
Register 136; am 3/1/98, Register 145)
- Authority: AS 44.29.020 AS 47.35.010
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