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Alaska Statutes.

Title 47. Welfare, Social Services and Institutions

Chapter 35. Child Care Facilities, Child Placement Agencies, Child Treatment Facilities, Foster Homes, and Maternity Homes

Section 19. Mandatory Denial of Initial License.

AS 47.35.019. Mandatory Denial of Initial License.

(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.

Note to HTML Version:

This version of the Alaska Statutes is current through December, 2004. The Alaska Statutes were automatically converted to HTML from a plain text format. Every effort has been made to ensure their accuracy, but this can not be guaranteed. If it is critical that the precise terms of the Alaska Statutes be known, it is recommended that more formal sources be consulted. For statutes adopted after the effective date of these statutes, see, Alaska State Legislature If any errors are found, please e-mail Touch N' Go systems at E-mail. We hope you find this information useful.

Last modified 9/3/2005