A person who violates a provision of this chapter or a regulation adopted under this chapter is guilty of a class B misdemeanor.
Repealed or Renumbered
Repealed or Renumbered
The department, by regulation, may require that an applicant or licensee complete orientation or training to assist that person in operating under the license.
Repealed or Renumbered
Repealed or Renumbered
Repealed or Renumbered
A license may be issued under this chapter only for the location and person named in the application. A license issued under this chapter may not be transferred to another person or location.
Repealed or Renumbered
Repealed or Renumbered
Repealed or Renumbered
The administrative adjudication provisions of AS 44.62 (Administrative Procedure Act) apply to an appeal from a department decision under this chapter relating to denial, involuntary conditioning, or revocation of a license, suspension of operations or admissions, or assessment of an administrative fine.
Repealed or Renumbered
(a) If the department denies an application for a license or decides not to issue a biennial license, the department shall hand deliver to the prospective licensee, or mail to the prospective licensee by certified mail, return receipt requested, a notice of denial of licensure. The notice must contain a summary of the department's reasons for denial of the license and a form for requesting a hearing under (b) of this section.
(b) A prospective licensee who was denied licensure may appeal the department's decision by requesting a hearing, on the form provided by the department, within 15 days after receipt of the notice of denial of licensure.
(a) A person operating under agreement with the department under AS 47.35.010(a)(4) is immune from civil liability that might otherwise be incurred or imposed for acts or omissions that occurred during the performance of the person's duties on behalf of the department if the person was operating within the scope of the duties delegated to the person under the agreement.
(b) The department and its employees are not liable for civil damages as a result of an act or omission in the licensing, monitoring, or supervision of a facility or agency licensed under this chapter. This subsection does not preclude liability for civil damages as a result of gross negligence or reckless or intentional misconduct.
(a) By the first anniversary of the effective date of a biennial license, including a renewed biennial license, the licensee shall submit an annual self-monitoring report to the department. The department shall specify, by regulation, the contents of the report.
(b) [Repealed, Sec. 85 ch 58 SLA 1999].
(c) The department may conduct an investigation, including announced or unannounced on-site inspections, for ongoing monitoring or to assist in its review of an annual self-monitoring report.
(d) To encourage parents of children in child care facilities to become involved in day-to-day monitoring of the care provided by the facilities, the department shall require licensees to give to parents of children in child care in the licensee's facility a summary of the regulatory requirements that apply to the facility and the department's or department representative's telephone contact number for reporting a concern regarding child care. The department also may provide notice of the telephone contact numbers for reporting child care concerns.
(a) In accordance with regulations adopted by the department, a licensee shall keep the records regarding each individual in its care, or that it places, that are necessary to show compliance with this chapter and regulations adopted under this chapter.
(b) The department's licensing records, with the names of all individuals in care and parents of minors in care deleted to protect the confidentiality of those individuals, are available for public inspection, except for
(1) material made confidential by state or federal statutes or regulations;
(2) material that is part of an uncompleted licensing or complaint investigation;
(3) records that would deprive an applicant, licensee, or other person of a fair and impartial hearing; and
(4) records for which the department determines that disclosure would constitute an unwarranted invasion of personal privacy.
(c) A government agency that provides funding to a facility or agency licensed under this chapter may have access to that facility's or agency's records in order to conduct an audit.
(a) The purpose of this chapter is to establish and maintain standard levels for services offered to children in child care facilities, foster homes, and residential child care facilities; services offered by child placement agencies; and services offered to pregnant individuals in maternity homes. The child care and community care licensing procedures in this chapter are intended to reduce predictable risk of harm to children and to provide support services to those providing child care or services. The legislature recognizes the responsibility of parents to select and monitor caregivers for their children in order to ensure a reasonably safe and developmentally appropriate child care environment.
(b) This chapter and regulations adopted under this chapter apply to facilities and agencies
(1) for which licensure is required by or under AS 47.35.015 ; or
(2) that are exempt under AS 47.35.015 from licensure but for which a license is issued under AS 47.35.015 (g).
(a) Notwithstanding any other provision of this chapter, the department may allow a person licensed under this chapter, other than as a provisional licensee under AS 47.35.023 , to continue operating if an employee of that facility or other agency who is required to submit a release under AS 47.35.017 (b)(5) discloses an offense under AS 47.35.019 or 47.35.021 if the facility or agency takes immediate action to ensure the health, safety, and welfare of the children residing at that facility or other agency, including notice to the department and removing the person with the conviction described in AS 47.35.019 or 47.35.021 from contact with children at the facility or other agency.
(b) This section does not apply to a child care facility.
(a) A license issued under this chapter must state
(1) the period of time during which the license is in effect;
(2) the name of the facility or agency;
(3) the type of facility or agency;
(4) the name of the licensee;
(5) the location and mailing address of the facility or agency;
(6) for a facility other than a maternity home, the number and age range of children that the facility may have in care at any time;
(7) any conditions set by the department;
(8) variances approved by the department for the duration of the license; and
(9) the address and phone number of the nearest department office that is responsible for administering this chapter or of the department representative responsible for evaluating that facility or agency under AS 47.35.010 (a)(4).
(b) A licensee, except a foster home licensee, shall post the license in a conspicuous place in the facility or agency visible to individuals in care and their families, and to facility or agency staff. If the department has approved a variance that is not stated on the license, the licensee, except a foster home licensee, shall post a copy of the variance near the license. A foster home licensee shall have the facility license available for inspection upon request.
(a) An applicant for a license, or a licensee, shall cooperate with the department for purposes of licensing investigations, investigations relating to ongoing monitoring of the facility or agency, or investigations under AS 47.35.105 by
(1) permitting representatives of the department to inspect the facility or agency, review records, interview staff, and interview individuals in care; and
(2) providing to the department information and documentation requested by the department to determine compliance with this chapter and regulations adopted under this chapter.
(b) Following an investigation relating to ongoing monitoring of a facility or agency or relating to a facility that the department believes is operating without a license in violation of this chapter, the department shall prepare and distribute a written report of investigation as described in AS 47.35.105 (c), and the facility or agency may submit a response as described in AS 47.35.105 (d).
(c) The department may seek a search warrant to inspect a facility or agency if the
(1) department has probable cause to believe that the facility or agency is operating without a license in violation of this chapter and the facility or agency operator refuses to allow an inspection by the department; or
(2) licensee refuses to allow an inspection of the facility or agency by the department.
(a) A person who believes that a provision of this chapter, a regulation adopted under this chapter, or a condition of a license issued under this chapter has been violated may file a verbal or written complaint with the department.
(b) The department shall investigate all complaints filed under this section unless the department reasonably concludes that the complaint is without merit.
(c) After an investigation under this section, the department shall prepare a written report of investigation and shall mail a copy to the licensee or other person who is the subject of the complaint, and to the complainant if requested. If the department determines that a violation of this chapter, a regulation adopted under this chapter, or a condition of a license issued under this chapter has occurred, the department's report of investigation must contain the following:
(1) a description of the violation;
(2) a citation to the provision of this chapter or the regulation that has been violated, if applicable; and
(3) either
(A) a date by which the violation must be corrected and a verification of compliance submitted to the department; or
(B) a plan of correction.
(d) A licensee may submit to the department a written response regarding a report of investigation relating to that facility or agency. The department shall retain the written response in the licensing file.
(e) A licensee may not take retaliatory action against a person who files a complaint. A complainant against whom retaliatory action has been taken may recover treble damages in a civil action upon a showing that the actions were taken in retaliation for the filing of a complaint.
(a) A licensee other than a child care facility shall provide the department with written notice of a change of mailing address at least 14 days before the effective date of the change.
(b) A licensee other than a child care facility shall notify the department within 24 hours after having knowledge that an administrator, foster parent, member of the licensee's household, regular volunteer, or staff person has been
(1) convicted of, has been charged by information or complaint with, or is under indictment or presentment for, any offense listed in AS 47.35.019, 47.35.021, or a law or ordinance of this or another jurisdiction with similar elements; or
(2) found to have neglected or abused a child as described in AS 47.35.019(c)(1).
(c) A licensee other than a child care facility shall notify the department at least 20 days before the effective date of a decision to relinquish the license.
(d) A licensee other than a child care facility shall notify the department at least 20 days before the date on which the licensee wishes to change the number of children in care or hours of operation.
(e) A licensee other than a child care facility shall notify the department no later than one day after signing a contract for sale of the licensed facility or agency.
(f) A licensee other than a child care facility shall notify the department at least 30 days before the licensee wishes to change the location of the facility or agency.
(a) A licensee that is a child care facility shall provide the department with written notice of a change of mailing address at least 14 days before the effective date of the change.
(b) A licensee that is a child care facility shall notify the department within 24 hours after having knowledge of a conviction or indictment, presentment, or charging by information or complaint of an administrator, regular volunteer, staff person, or member of the licensee's household for a violation of the following laws or the laws of another jurisdiction with similar elements:
(1) offenses against the family and vulnerable adults under AS 11.51;
(2) perjury under AS 11.56.200 ;
(3) offenses included in the definition of 'serious offense' under AS 12.62.900.
(c) A licensee that is a child care facility shall notify the department at least 20 days before the effective date of a decision to relinquish the license.
(d) A licensee that is a child care facility shall notify the department at least 20 days before the date on which the licensee wishes to change the number of children in care or hours of operation.
(e) A licensee that is a child care facility shall notify the department no later than one day after signing a contract for sale of the licensed facility.
(f) A licensee that is a child care facility shall notify the department at least 30 days before the licensee wishes to change the location of the facility.
(a) The department may not place or continue placement of a child for care for placement under AS 47.10 in a foster home that is licensed under this chapter if the licensee who is a natural person or a person who is required to submit a release under AS 47.35.017 (b)(5) in connection with a license has been convicted of an offense listed in AS 47.35.019(a) or has been found by the court to have neglected or abused a child under AS 47.35.019 (c)(1).
(b) The department may not place or continue a placement of a child for foster care if the applicant who is a natural person or a person who is required to submit a release under AS 47.35.017 (b)(5) has been previously convicted within a five-year period immediately preceding the application for an offense described in AS 47.35.019 (b) or is in a situation described in AS 47.35.019 (c)(2) unless the applicant demonstrates to the satisfaction of the department that the placement or continued placement does not pose a threat to the department's ability to ensure the health, safety, or welfare of the children receiving care under this chapter.
(c) The department shall develop procedures for rechecking criminal justice information records for the information described in (a) of this section for persons who are 16 years of age or older who are living in a licensed foster home with access to children placed by the department.
(a) The department may
(1) license and supervise child care facilities, foster homes, residential child care facilities, semi-secure residential child care facilities, secure residential psychiatric treatment centers, child placement agencies, and maternity homes;
(2) investigate applicants, licensees, and persons that the department reasonably believes are operating a facility without a license or certification in violation of this chapter;
(3) adopt regulations to implement the provisions of this chapter, including regulations establishing licensure, certification, and renewal procedures, standards, and fees; establishing requirements for operation of facilities or agencies licensed under this chapter; and distinguishing between types of facilities;
(4) enter into agreements with private entities, municipalities, or individuals to investigate and make recommendations to the department for the licensing and supervision of child care facilities, foster homes, residential child care facilities, semi-secure residential child care facilities, secure residential psychiatric treatment centers, child placement agencies, and maternity homes under procedures and standards of operation established by the department;
(5) accept licenses issued by other organizations or state agencies that have licensing authority under federal or state law for the facilities listed in (1) of this subsection, other than child care facilities.
(b) [Repealed, Sec. 85 ch 58 SLA 1999].
(c) The department shall, within 90 days after receiving a written request that it do so, delegate its powers relating to child care facilities under this chapter to a municipality that has adopted an ordinance providing for child care licensing under home rule powers under AS 29.10.010 or as authorized under AS 29.35.200 - 29.35.210. A municipality to which these powers have been delegated may adopt, by ordinance, additional requirements for child care facilities operating within its boundaries if the requirements meet or exceed the requirements adopted by the department.
(a) The department shall adopt regulations under which a corporation may apply for a license to designate and supervise shelters for runaway minors.
(b) The department shall also adopt regulations setting health and safety standards for shelters for runaways. The regulations adopted under this subsection must
(1) involve less regulation than is required for programs for runaways licensed under AS 47.10.310 and foster homes licensed under this chapter;
(2) provide that private agencies approved by the department may recruit, evaluate, and monitor the shelters for runaways under procedures established by the department; and
(3) require that a corporation licensed under (a) of this section inspect the shelters for runaways, perform criminal background checks of its residents, keep records, and meet other requirements only to the extent that they are necessary to reduce the risk to the health and safety of a runaway minor in the shelter.
(c) If a corporation licensed under (a) of this section certifies to the department that a home meets the standards set under (b) of this section, the department shall issue the home a permit authorizing it to be a shelter for runaway minors. The permit may not be transferred to a different home or owner.
(d) Upon notice from a corporation licensed under (a) of this section that a shelter for runaways is not in compliance with AS 47.10.392 - 47.10.399 or the regulations of the department adopted under (b) of this section, the department may revoke a permit issued under this subsection or modify it to provisional status. The department shall give written notice of revocation or modification under this subsection at least 30 days before the effective date of the action. However, if the health or well-being of a child is in jeopardy, the revocation or modification action is effective immediately upon the issuance of written notice by the department.
(a) In addition to the ground of violation of this chapter or a regulation adopted under this chapter, and if the licensee is a child care facility, the department may revoke or decline to renew a license issued under this chapter on one or more of the following grounds:
(1) failure to submit a timely and complete renewal application;
(2) the indictment or charging by information or complaint, or a criminal conviction within the last 10 years, of the licensee or administrator, member of the licensee's household who is present in the facility at any time the facility is in operation, regular volunteer, or staff person for
(A) a felony;
(B) a misdemeanor crime of assault, reckless endangerment, contributing to the delinquency of a minor, or misconduct involving a controlled substance; or
(C) the crime of perjury, as defined in AS 11 or the laws of another jurisdiction;
(3) the conviction, indictment, presentment, or charging of the licensee or an administrator, member of the licensee's household who is present in the facility at any time the facility is in operation, regular volunteer, or staff person at any time for a violation or attempted violation of an offense included in the definition of 'serious offense' under AS 12.62.900 ;
(4) obtaining or attempting to obtain or retain a license under this chapter by fraudulent means, misrepresentation, or by submitting false information;
(5) failure to correct a violation noted in a report of investigation provided under AS 47.35.105 (c) or 47.35.110(b);
(6) failure to comply with a final administrative order issued by the department under AS 47.35.120 .
(b) A licensee may voluntarily relinquish the license or withdraw an application for renewal.
(a) The department may grant to an applicant for a license under this chapter, or to a licensee, a variance from a requirement of this chapter or a regulation adopted under this chapter if that person submits to the department, on a form provided by the department, a complete variance request as required by this section. A variance may be granted if
(1) the applicant or licensee proposes an alternative means, acceptable to the department, to satisfy the intent of the requirement for which the variance is requested; and
(2) the health and safety of children is adequately protected.
(b) A request for a variance must contain the following information:
(1) the statute or regulation from which the variance is sought;
(2) the reasons why the variance is needed;
(3) the period of time for which the variance is requested;
(4) the proposed alternative means of satisfying the intent of the requirement for which the variance is requested;
(5) a statement as to how the health and safety of children will be protected during the period of the variance; and
(6) assurance that the conditions of the facility or agency do not present an imminent danger to the health or safety of individuals served by the facility or agency.
(c) To evaluate a request for a variance, the department shall take one or more of the following actions:
(1) investigate the statements in the request;
(2) inspect the facility or agency;
(3) schedule a conference with the applicant or licensee regarding the variance request.
(d) The department's decision approving or denying a variance must be in writing, and the department shall provide a copy of the decision to the person requesting the variance. If the department grants the variance, the decision must state the term of and conditions of the variance.
(e) If an applicant or licensee violates a condition of a variance granted under this section, the variance is terminated.
(f) Notwithstanding (a) - (e) of this section, the department may not grant a variance if the criminal record review indicates that the licensee or a person required to provide a release under AS 47.35.017(b)(5) has a conviction for an offense listed in AS 47.35.019(a) or (b). This subsection does not apply if the applicant or licensee requesting a variance is a child care facility.
(a) At least 90 days before the expiration date of a biennial license, a licensee who wishes to remain licensed shall submit, on a form provided by the department, an application for renewal of the license and any associated variances.
(b) Before expiration of a biennial license, the department or its representative shall inspect a facility or agency that is the subject of a renewal application.
(c) The department shall renew a biennial license if the department finds that
(1) the licensee
(A) either is in compliance with this chapter and regulations adopted under this chapter or is substantially in compliance and has implemented a plan of correction, approved by the department, that is designed to bring the facility or agency into full compliance; and
(B) has maintained the facility or agency in good repair and is in compliance with all state fire safety and environmental health and safety code requirements;
(2) a ground for revocation
(A) or suspension set out in AS 47.35.130 (a) or (b) does not exist for a facility or agency other than a child care facility; or
(B) set out in AS 47.35.132 (a)(2) does not exist for a child care facility; and
(3) all applicable fees have been paid.
(d) If the licensee submits a renewal application within the time period required by the department by regulation, but the department is unable to complete its review before the expiration date of the biennial license, the license is automatically extended for six months, or until the department completes its review and either approves or denies the application, whichever occurs first.
(e) If the department decides to approve an application for renewal, but finds that the applicant is not in compliance with a provision of this chapter, a regulation adopted under this chapter, or a condition on the license, the department, as a condition on the renewed biennial license, shall require the applicant to correct any violations and provide the department with verification of compliance.
(f) If the department denies an application for renewal, it shall provide the applicant with a notice of denial of application. The notice must contain a written statement of the reasons for denial and a form for requesting a hearing under (g) of this section.
(g) An applicant whose application is denied may appeal the department's decision by requesting a hearing, on the form provided by the department, within 15 days after receipt of the notice of denial of application.
(a) Regardless of whether the applicant for licensure has met all of the other requirements under this chapter and regulations adopted under this chapter, the department may refuse to issue an initial license under this chapter if the applicant for the license who is a natural person or a person who is required to submit a release under AS 47.35.017(b)(5) in connection with the license has been convicted, within the five-year period immediately preceding the date of the application, of any of the following offenses or of violating a law or ordinance of this or another jurisdiction with similar elements, or of an attempt, solicitation, or conspiracy to commit any of the following offenses or to violate a law or ordinance of this or another jurisdiction with similar elements:
(1) a crime involving domestic violence, as defined in AS 18.66.990 , that is a misdemeanor under AS 11;
(2) assault in the fourth degree under AS 11.41.230 ;
(3) contributing to the delinquency of a minor under AS 11.51.130 ;
(4) endangering the welfare of a child in the second degree under AS 11.51.110;
(5) a serious offense as defined in AS 12.62.900 , except for an offense included in AS 47.35.019 ;
(6) a crime concerning operating certain vehicles, aircraft, or watercraft while intoxicated under AS 28.33.030 , 28.33.031, AS 28.35.030, 28.35.031, and 28.35.032.
(b) This section does not apply to the issuance of an initial license to a child care facility.
(a) Except as provided in AS 47.35.140 , and except if the licensee is a child care facility, the department shall revoke or decline to renew a license issued under this chapter if the criminal record review of the licensee who is a natural person or a person who is required to submit a release under AS 47.35.017 (b)(5) reveals a conviction for an offense listed in AS 47.35.019 (a) or (b).
(b) Except if the licensee is a child care facility, the department shall suspend a license issued under this chapter during any period of time that the licensee who is a natural person or a person who is required to submit a release under AS 47.35.017 (b)(5) in connection with the license is charged by information or complaint with, or under indictment or presentment for, a crime listed in AS 47.35.019 (a) or (b) or is the respondent in a civil proceeding related to the neglect or abuse of a child, unless the department finds that not suspending the license does not pose a threat to the department's ability to ensure the health, safety, or welfare of the children receiving care under this chapter.
(c) The department may revoke, or decline to renew, a license issued under this chapter to a facility or agency other than a child care facility on one or more of the following grounds:
(1) failure to submit a timely and complete renewal application;
(2) obtaining or attempting to obtain or retain a license under this chapter by fraudulent means, by misrepresentation, or by submitting false information;
(3) failure to correct a violation noted in a report of investigation provided under AS 47.35.105 (c) or 47.35.110(b);
(4) failure to comply with a final administrative order issued by the department under AS 47.35.120 ;
(5) if the licensee who is a natural person or a person required to submit a release under AS 47.35.017 (b)(5) is the respondent in a civil proceeding regarding the abuse or neglect of a child;
(6) violation of this chapter or a regulation adopted under this chapter.
(d) A licensee may voluntarily relinquish the license or withdraw an application for renewal.
(a) Application for a license to operate a child care facility, foster home, residential child care facility, semi-secure residential child care facility, secure residential psychiatric treatment center, child placement agency, or maternity home shall be made to the department on a form provided by the department and shall be accompanied by any applicable fees established by the department under AS 47.35.010 (a)(3).
(b) An application submitted under this section must contain at least the following information:
(1) the name and address of the applicant and, if the applicant is an agency, corporation, partnership, association, or any other form of organization, the name, address, and title of each individual who has an ownership or management interest in the facility; if the applicant is an individual, the application must include the name, age, and driver's license number, if any, of each member of the individual's household;
(2) the name, physical location, and mailing address of the facility or agency for which the license is sought;
(3) the name and address of the administrator of the facility or agency, if any;
(4) evidence that the administrator or foster parent is an adult with sufficient experience, training, or education to fulfill the duties of an administrator or foster parent;
(5) a release for the administrator or foster parent and for each other person who is 16 years of age or older, as specified by the department by regulation, who will have contact with individuals served by the facility or agency, authorizing the department to review all federal, state, and municipal criminal justice information, whether of this state, of a municipality of this state, or of another jurisdiction, medical records, licensing records, and protective services records, identified in regulations adopted under this chapter, that are relevant to the person who is the subject of the release and to the type of license for which the application has been submitted;
(6) two sets of fingerprints and the social security number of each person required to provide a release under (5) 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; the department may not approve an application under this section until the results of the criminal background check have been submitted to the department;
(7) for a facility, the number of individuals that will be served in the facility;
(8) the type of facility or agency for which the license is sought;
(9) copies of all inspection reports and approvals required by state fire prevention and environmental health and safety authorities for operation of the facility or agency, including any variances granted by these authorities;
(10) a plan of operation, as required by the department by regulation;
(11) a staffing plan that describes the number of people who will work at the facility or agency, staff qualifications, a description of each person's responsibilities, and, for a facility other than a maternity home, a supervision schedule for the children in care that meets the requirements established by the department by regulation;
(12) evidence that the applicant is capable of meeting the minimum standards of care established by the department under AS 47.14.120 ;
(13) evidence that the applicant has completed orientation or training required by the department, by regulation, for holders of the type of license for which the application was submitted; and
(14) other information required by the department, by regulation, in order to monitor compliance with this chapter and regulations adopted under this chapter.
In this chapter,
(1) 'administrator' means an individual who has general administrative charge and oversight of a facility or agency;
(2) 'agency' means a child placement agency;
(3) 'child' means an individual under 18 years of age, and includes an individual who is a relative of a care provider, administrator, or foster parent;
(4) 'child care' means care, supervision, and provision of developmental opportunities, with or without compensation, to a child who does not have a parent present;
(5) 'child care facility' means a place where child care is regularly provided for children under 12 years of age for periods of time that are less than 24 hours in duration unless nighttime care is authorized by the department;
(6) 'child placement agency' means a person who arranges for placement of a child
(A) in a foster home, residential child care facility, or adoptive home; or
(B) for guardianship purposes;
(7) 'criminal justice information' has the meaning given in AS 12.62.900;
(8) 'department' means the Department of Health and Social Services;
(9) 'domestic violence' has the meaning given in AS 18.66.990 ;
(10) 'facility' means the administration, program, and physical plant of a foster home, child care facility, residential child care facility, or maternity home;
(11) 'foster home' means a place where the adult head of household provides 24-hour care on a continuing basis to one or more children who are apart from their parents;
(12) 'home study' means a written report of an investigation of the prospective adoptive or foster parent or parents' ability to care for a child that has been prepared in accordance with AS 25.23.100 (f);
(13) 'licensee' means a person to whom a license has been issued under this chapter;
(14) 'maternity home' means a place of residence whose primary function, with or without compensation, is to give care to pregnant individuals, regardless of age, before or after the individual gives birth, or that provides care, as needed, to mothers and their newborn infants;
(15) 'nonsecure attendant care setting' means an unlocked place that is an alternative to an adult jail or other locked setting, where an employee, adult head of household, or volunteer provides care for one or more children 10 years of age or older who are under arrest and who are apart from their parents;
(16) 'parent' means a birth or adoptive parent or a legal guardian;
(17) 'recreational camp' means a place that provides recreational opportunities to children who attend with the consent of their parent;
(18) 'relative' means an individual who is related to another through any of the following relationships, by blood, adoption, or marriage: parent, grandparent, great grandparent, brother, sister, stepparent, stepsister, stepbrother, cousin, aunt, uncle, great-aunt, great-uncle or step-grandparent;
(19) 'residential child care facility' means a place, staffed by employees, where one or more children who are apart from their parents receive 24-hour care on a continuing basis;
(20) 'runaway minor' has the meaning given in AS 47.10.390 ;
(21) 'secure residential psychiatric treatment center' means a lockable, physician-directed residential child care facility;
(22) 'semi-secure' has the meaning given in AS 47.10.141 ;
(23) 'semi-secure residential child care facility' means a residential child care facility that is wholly or partially semi-secure.
(24) 'serious offense' has the meaning given in AS 12.62.900 .
(25) 'shelter for runaway minors' or 'shelter for runaways' means a private residence whose legal occupant agrees to shelter, with or without compensation, a runaway minor accepted into the residence, subject to the limitations imposed under this chapter and AS 47.10.392 - 47.10.399.
(a) During an investigation under this chapter, the department, by written notice, may suspend operations of the facility or agency if the department has reasonable cause to believe that a violation is occurring that presents an imminent danger to the health or safety of the individuals in care. A suspension under this subsection continues for the time period set by the department and may continue until the department issues a report of investigation under AS 47.35.105 (c) or 47.35.110(b).
(b) If, after an investigation under this chapter, the department has determined that a violation of this chapter or a regulation adopted under this chapter has occurred or a ground for revocation or nonrenewal set out in AS 47.35.130 or 47.35.132 exists, has issued a report of investigation under AS 47.35.105 (c) or 47.35.110(b), and has determined that voluntary compliance or a plan of correction is not appropriate, the department may take one or more of the following enforcement actions, as the department considers appropriate:
(1) delivery of a warning notice to the licensee or other person who is the subject of the investigation;
(2) modification of the term of an existing license or reduction of the number of children for whom care can be provided;
(3) suspension of operations of the facility or agency for a period of time set by the department;
(4) suspension of either admissions to or new enrollment in the facility for a period of time set by the department;
(5) nonrenewal of the license;
(6) revocation of the license;
(7) issuance of an order requiring immediate closure of the facility or agency;
(8) assessment of an administrative fine of up to $500 for each day a violation continues, not to exceed a total of $5,000 for a violation.
(c) The department shall provide the licensee or other person who is the subject of an investigation with written notice of the department's decision under (b) of this section to take enforcement action. The notice must contain a form for requesting a hearing under (d) of this section and must describe
(1) each enforcement action that will be taken;
(2) the condition, if any, in the facility or agency that constitutes a violation of this chapter or a regulation adopted under this chapter;
(3) the licensee's or other person's right to appeal the department's decision to take an enforcement action described in (b)(2) - (8) of this section.
(d) A licensee or other person to whom a notice has been provided under (a) or (c) of this section may appeal the department's decision to impose an enforcement action described in (a) or (b)(2) - (8) of this section by filing a written request for a hearing, on the form provided by the department, within 15 days after receipt of the notice of enforcement action.
(e) Unless the violation that prompted enforcement action under (b) of this section presents an imminent danger to the health or safety of the individuals in care, an enforcement action described in a notice provided under (c) of this section may not be imposed until the
(1) time period for requesting a hearing under (d) of this section has passed without a hearing being requested; or
(2) department makes a final decision following a hearing requested under (d) of this section.
(f) If a hearing is requested under (d) of this section, the department's decision following the hearing is a final administrative order.
(g) If a hearing is not requested under (d) of this section, the department's notice of enforcement action constitutes a final administrative order, which the department may seek the court's assistance in enforcing.
(h) A licensee whose license was revoked or not renewed under this section may not reapply for licensure under this chapter until after the time period, if any, set by the department in its final administrative order. If a time period is not set by the department, the revocation or nonrenewal is permanent, and the former licensee may not again apply for licensure under this chapter.
(i) Assessment of an administrative fine under this section does not preclude imposition of a criminal penalty under AS 47.35.820 .
(a) The department shall issue a provisional license to a new facility or agency that applies under AS 47.35.017 if, after inspection and investigation, the department determines that the application and plan of operation for the facility or agency meet the requirements of this chapter and regulations adopted under this chapter. A provisional license is valid for a period not to exceed one year. The department may extend a provisional license for one additional period not to exceed one year.
(b) Notwithstanding (a) of this section, if an emergency exists and a child must be immediately placed, the department may issue a provisional foster home license on an emergency basis for a period of 90 days or less if the department determines that the applicant meets minimal requirements for emergency conditions and the applicant agrees in writing to provide the fingerprint information described in AS 47.35.017(b) within 30 days after the placement of a child in the foster home. The department may extend a provisional foster home license issued under this subsection for one or two additional periods of up to 90 days each in order to obtain the information from the national criminal background check required under AS 47.35.017 (b)(6). The department may not issue a license under this subsection before checking state criminal justice information available to the department under AS 12.62 and regulations adopted under AS 12.62 about the administrator or foster parent and each person who is 16 years of age or older in the foster home who will have contact with the child. If the department cannot obtain direct access to the state criminal justice information, the department shall request the agency having primary law enforcement responsibility for the geographic area in which the prospective foster home is located to obtain the information and provide it to the department before the license is issued under this section. If the criminal justice information readily available to the department shows an offense about which a person would be required to notify the department under AS 47.35.047 (b), the department may not issue the license under this subsection. If the additional criminal justice information reveals that the person has a record for an offense listed in AS 47.35.019 (a) or (b) or is in a situation described in AS 47.35.019(c), the department shall immediately revoke the license and move the child to an appropriate placement. The department may revoke the license and move the child to an appropriate placement if the criminal justice information available from the fingerprint search or another source after the license is issued reveals that the person has a record for an offense listed in AS 47.35.021 . For purposes of obtaining criminal justice information under this subsection, the department is a criminal justice agency conducting a criminal justice activity under AS 12.62.
(c) Before expiration of a provisional license issued under (a) or (b) of this section, the department shall inspect and investigate the facility or agency in order to determine whether the facility or agency is operating under the provisional license in compliance with this chapter and applicable regulations.
(d) Before expiration of a provisional license, the department shall issue a biennial license for the facility or agency if (1) after inspection and investigation under (c) of this section, the department finds that the facility or agency is operating in compliance with, and meets the licensure requirements of, this chapter and regulations adopted under this chapter; (2) a ground for revocation (A) or suspension set out in AS 47.35.130 (a) or (b) does not exist for a facility or agency other than a child care facility; or (B) set out in AS 47.35.132 (a)(2) does not exist for a child care facility; and (3) all applicable fees have been paid. The department shall prepare a summary report of its findings and recommendations for issuance of a biennial license.
(e) The issuance of a license by the department does not obligate the department to place or maintain an individual in the facility or through the agency, or to support the facility or agency financially.
(a) [Repealed, Sec. 85 ch 58 SLA 1999].
(b) A person may not operate a foster home without a license issued under this chapter unless that facility provides care only
(1) for relatives and the department does not require licensure under an agreement for services;
(2) for one or more children of any age placed by a parent with either
(A) authorization for emergency medical care; or
(B) a consent to temporary custody;
(3) for one or more exchange students placed by a sponsoring agency in a home evaluated and approved by that sponsoring agency;
(4) for one or more children who are the subject of a petition for adoption filed by the caregiver pending a final decree of adoption, if a home study has been completed;
(5) for one or more children placed for adoption by a child placement agency licensed under this chapter;
(6) for a child for up to 72 hours in a nonsecure attendant care setting authorized by the department; or
(7) for a child on a 24-hour basis for a period of no more than 30 days in a licensed child care facility meeting requirements for nighttime care adopted by the department by regulation.
(c) A person may not operate a residential child care facility, semi-secure residential child care facility, or secure residential psychiatric treatment center without a license issued under this chapter unless that facility is
(1) a juvenile facility operated by the state under AS 47.14.010 ;
(2) a medical facility licensed by the department under AS 18.20;
(3) a recreational camp providing recreational experiences of no more than one month's duration for a child; or
(4) exempt from licensure for a reason set out in (b)(6) or (7) of this section.
(d) A person may not operate a maternity home without a license issued under this chapter.
(e) A person may not arrange foster home, residential child care facility, adoptive home, or guardianship placements for a child without a child placement agency license issued under this chapter. The requirement for licensure does not apply to
(1) state, federal, or municipal governments;
(2) school districts;
(3) an Indian organization, as defined in 25 U.S.C. 1903(7), that is authorized to make placement decisions under 25 U.S.C. 1918 or 1919;
(4) a person who places children for adoption by relatives; or
(5) a person who does the arranging on an incidental basis without compensation.
(f) In addition to facilities and agencies that, under this section, are exempt from licensure, the department, by regulation, may provide for additional exemptions that the department considers appropriate.
(g) A person may apply for a license for a facility or agency that is exempt from licensure under this section. The department may issue a license to an applicant under this subsection if the applicant meets the requirements of this chapter and regulations adopted under this chapter.
(h) A person, including a school district, may not provide domiciliary services to students as a charter school, state boarding school, or public school unless that school is licensed as a residential child care facility under this chapter.
(i) A person may not operate a child care facility without a license issued under this chapter unless that facility is exempt from licensure. The following facilities are exempt:
(1) a facility in which child care is regularly provided and each child's parent is on the premises within reasonable proximity and accessibility to the child;
(2) a facility located on a United States Department of Defense or United States Coast Guard installation that is located on federal property;
(3) a recreational program that children are allowed to attend and in which the program assumes no responsibility for care of the children;
(4) a daytime therapeutic program of supervised, educational, and rehabilitative services for children with special needs or behavioral problems;
(5) a program that is primarily educational and that
(A) is certified as a pre-elementary school under Department of Education and Early Development regulations adopted under AS 14.07.020 ;
(B) serves children three years of age or older and is exempt from the Department of Education and Early Development pre-elementary school regulations; or
(C) is operated as a headstart preschool that is required to meet the standards established under 42 U.S.C. 9836a;
(6) a temporary facility providing care for less than five continuous weeks;
(7) a facility regularly providing child care to four or fewer children unrelated to the caregiver;
(8) a facility in which the caregiver is a relative of all the children.
(a) The department may not issue an initial license under this chapter if the applicant for the license who is a natural person or a person who is required to submit a release under AS 47.35.017 (b)(5) in connection with a license has been previously convicted of any of the following crimes or of violating a law or ordinance of this or another jurisdiction with similar elements, or of an attempt, solicitation, or conspiracy to commit any of the following crimes or to violate a law or ordinance of this or another jurisdiction with similar elements:
(1) a crime involving domestic violence, as defined in AS 18.66.990 , that is a felony under AS 11;
(2) a crime that is an offense against the person under AS 11.41 and is a felony under AS 11, except for a crime committed under AS 11.41.200 - 11.41.220 or 11.41.260;
(3) a crime that is a felony and involves a victim who was a child under 18 years of age at the time of the conduct, including a crime where the perpetrator was a person responsible for the child's welfare; in this paragraph, 'person responsible for the child's welfare' has the meaning given in AS 47.17.290 ;
(4) a crime that is arson under AS 11.46.400 or 11.46.410.
(b) The department may not issue an initial license under this chapter if the applicant for the license who is a natural person or a person who is required to submit a release under AS 47.35.017 (b)(5) in connection with a license has been previously convicted, within the five-year period immediately preceding the application, of any of the following crimes or of violating a law or ordinance of this or another jurisdiction with similar elements, or of an attempt, solicitation, or conspiracy to commit any of the following crimes or to violate a law or ordinance of this or another jurisdiction with similar elements:
(1) an assault that is a felony under AS 11.41.200 - 11.41.220;
(2) stalking under AS 11.41.260 ;
(3) a crime of misconduct involving controlled substances under AS 11.71.010 - 11.71.060;
(4) a crime involving imitation controlled substances under AS 11.73.010 - 11.73.040.
(c) In addition to the standards for denying an application or not issuing or renewing a license under (a) and (b) of this section, the department may not issue an initial license under this chapter if the applicant for the license who is a natural person or a person who is required to submit a release under AS 47.35.017 (b)(5) in connection with the license
(1) has been found by a court or agency of this or another jurisdiction to have neglected or abused a child as specified by the department in regulation; or
(2) is charged by information or complaint with, or under indictment or presentment for, a crime listed in (a) or (b) of this section or is the respondent in a civil proceeding related to the neglect or abuse of a child, unless the department finds that issuing the license does not pose a threat to the department's ability to ensure the health, safety, or welfare of children receiving care under this chapter.
(d) This section does not apply to the issuance of an initial license to a child care facility.
© 2023 Helpline Law / Contact Us / Site Map
