Licensing Standards for DayCare Centers

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7 AAC 50.045
DELEGATION AND WITHDRAWAL OF AUTHORITY TO LICENSE CHILD CARE FACILITIES

(a) The division will delegate its authority relating to child care facilities to a municipality if the requirements of AS 47.35.010(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 standards established in AS 47.35 and this chapter unless the municipality has granted a variance from a requirement of AS 47.35 or this chapter to a particular child care facility.

(c) A municipality that requests delegation of the division's authority under AS 47.35.010(b) shall

(1) specify, by ordinance, the kinds of child care facilities subject to licensure and supervision by the municipality;

(2) adopt, by ordinance, authority and procedures for licensing and enforcement of child care facilities that meet or exceed the criteria contained in AS 47.35 and this chapter;

(3) adopt, by ordinance, the applicable provisions of this chapter, except that, where a state statute or state regulation is referred to in this chapter, the municipality may instead refer to a similar existing municipal ordinance;

(4) shall establish licensing and enforcement procedures and submit a copy of those procedures to the division; and

(5) shall submit a copy of the municipality's child care licensing ordinance to the division, along with a request for delegation of authority under AS 47.35.010(b).

(e) A municipality to which child care licensing authority has been delegated shall maintain individual facility records documenting facility compliance or noncompliance with the applicable requirements of AS 47.35 and this chapter. If requested by the division, the municipality shall allow the division to review the municipality's facility records and conduct on-site standard-by-standard evaluations of facilities licensed by the municipality.

(f) A municipality to which licensing authority has been delegated under AS 47.35.010(b) shall adopt any revisions to the applicable provisions of this chapter within 18 months of their effective date unless the division grants an extension for good cause.

(g) A municipality to which child care licensing authority has been delegated shall give at least 30 days advance notice to the division before adopting a change to the municipality's child care licensing ordinance.

(h) The division will, in its discretion, withdraw the licensing authority delegated under(a) of this section after 30 days notice to the municipality if the division determines that the

(1) licensing and enforcement actions of the municipality do not adequately reduce risk of harm to children in care; or

(2) municipality's requirements for child care facilities fail to meet or exceed the applicable requirements of AS 47.35 or this chapter.

Authority: AS 44.29.020 AS 47.35.010 AS 47.35.010

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