Title 4 . Education and Early Development

Chapter 62 . (Repealed)

Section 210. Qualifications and responsibilities of individuals having contact with children in a child care facility

4 AAC 62.210. Qualifications and responsibilities of individuals having contact with children in a child care facility

(a) An adult having contact with children in a child care facility and a caregiver of any age must be a responsible individual of reputable character who exercises sound judgment. In this subsection, "adult having contact with children in a child care facility" has the meaning given "individual having contact with children in a child care facility" in 4 AAC 62.990, when the individual is an adult.

(b) An individual may not work, volunteer, or reside in a child care facility or in any other part of the premises housing a child care facility if the individual has the opportunity to gain access to the child care facility and

(1) is the alleged perpetrator of an incident of child abuse or neglect in which

(A) the Department of Health and Social Services found the evidence available substantiates the allegation; or

(B) the information available to the department demonstrates to the department the individual's inability to adequately provide care and supervision to children and to meet the requirements of this section;

(2) has a physical, health, mental health, or behavioral problem to an extent that the problem 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 the problem poses a significant risk to the health, safety, or well-being of children in care;

(4) was the subject of prior adverse licensing action of the kind described in AS 14.37.170 (b)(1) - (8); 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 for the following laws or similar laws of another jurisdiction:

(i) an offense against the family and vulnerable adults under AS 11.51;

(ii) perjury under AS 11.56.200 ;

(iii) a serious offense as defined in AS 12.62.900 .

(c) A child care facility and the department may require that an individual having contact with children in a child care facility provide an evaluation from a probation, health, or mental health professional affirming that the individual is free from problems that pose a significant risk to the health, safety, or well-being of a child in the child care facility.

(d) An individual having contact with children in a child care facility may not abuse a child or engage in any exploitive or sexual act with a child.

(e) A licensing representative will review the following available records of each caregiver, employee, and individual, age 16 and older, having contact with children in a child care facility:

(1) child protection records;

(2) federal, state, and municipal criminal justice information;

(3) an evaluation, if requested under (c) of this section; and

(4) child care licensing records.

(f) Each individual, age 16 and older, having contact with children in a child care facility shall

(1) submit a report that contains criminal justice information, at the level available to an interested person under AS 12.62.160 (b)(9), to a

(A) licensing representative before becoming employed or otherwise coming into contact with children in a child care facility, unless the

(i) licensing representative informs the facility that the department has obtained or will obtain criminal justice information; or

(ii) individual is not in a community with a state trooper's office or other means of obtaining the report; the report must be obtained and submitted when the individual next visits a community with a state trooper's office or has another means of obtaining the report; or

(B) licensed child care facility before becoming employed or otherwise coming into contact with children in the facility

(i) if the individual is applying for employment or regular volunteer work in the facility; as part of the hiring process under 4 AAC 62.120(b) (3), the facility may review the report for clearance, hire, or approval of the individual, and may submit the report to a licensing representative; and

(ii) unless the individual is not in a community with a state trooper's office or other means of obtaining the report; the report must be obtained and submitted when the individual next visits a community with a state trooper's office or has another means of obtaining the report;

(2) submit two fingerprint cards to a licensing representative; if fingerprint rolling acceptable to the Department of Public Safety is not available in the individual's community, the fingerprint cards must be submitted when adequate fingerprint rolling becomes available or when the individual next visits a community with adequate fingerprint rolling; the licensing representative will use the fingerprint cards to obtain the results of a criminal justice information search on the individual from the Department of Public Safety; in addition, the licensing representative will review the criminal history record information, as defined in AS 12.62.900 , including

(A) past conviction information;

(B) current offender information; and

(C) non-conviction information.

(g) The requirements in (f)(2) of this section will be accomplished as follows:

(1) the fee for fingerprint rolling and processing of fingerprint cards for a criminal justice information report on an individual having contact with children in a child care facility will be borne by the department once;

(2) if there is a break in service for a period of six months or more, for an individual, age 16 and older, having contact with children in a child care facility, the fee for all subsequent criminal justice information checks on the individual is the amount charged to the department by the Department of Public Safety as set out in 13 AAC 68.900;

(3) within 14 days of an individual, age 16 and older, becoming employed or otherwise having contact with children in a child care facility, a child care facility shall

(A) submit clearance for licensing and release forms required under 4 AAC 62.030(c) (7) and fingerprint cards required under (f)(2) of this section; or

(B) submit documentation that the clearance for licensing and release form and fingerprint cards required by 4 AAC 62.030(c) (7) have previously been submitted to the department and, if the individual is an employee, that the individual has been employed as a caregiver in this state without more than six months break in service;

(4) when an individual, age 16 and older, having contact with children in a child care facility permanently departs from a child care facility, the child care facility shall notify the department in accordance with 4 AAC 62.140(a) (8); and

(5) notice may be received by the licensing representative from the Department of Public Safety of a new arrest or conviction for a crime listed under (b)(5) of this section for an individual in a licensed child care facility with fingerprints on file with the Department of Public Safety.

(h) A caregiver must be able to

(1) demonstrate respect for a child and the child's family;

(2) support behavior of children with positive guidance and set clear and consistent limits to promote the children's ability for self discipline;

(3) provide children with a variety of age-appropriate learning and social experiences;

(4) demonstrate a positive attitude toward bottle weaning, diapering, toilet learning, and special needs of children;

(5) respond appropriately to a child's needs, including responding to a baby's cry as promptly and effectively as possible;

(6) prevent exposure of children to high risk situations, including exposure to physical hazards and encounters with individuals or animals posing a possible danger;

(7) use strategies to prevent aggressive behavior and to deescalate volatile situations; and

(8) act as a positive role model for children, especially with regard to respecting the feelings and rights of others; and

(9) provide an environment that respects the gender, culture, ethnicity, family composition, and special emotional, cognitive, and developmental needs of the individual child.

(i) A child care facility with one or more employees or regular volunteers shall obtain a completed application for employment from each individual hired as an employee or accepted as a regular volunteer. The completed application for employment or work 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 written references on a prospective employee, at least two of which are from individuals unrelated to the applicant, and at least one 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 by the child care facility from the individual making the reference;

(2) attest to the individual'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 by the individual taking the reference, and dated.

(j) An individual, age 16 and older, having contact with children in a child care facility shall submit documentation of tuberculin clearance to the licensing representative.

(k) If an applicant or licensee requests a variance under AS 14.37.070 (a) on behalf of an individual who has or will have contact with children in the facility and who is subject to the prohibition in (b) of this section for a reason set out in (b)(5) of this section, the facility must supplement the variance request with a written comprehensive rationale, documents, and information specified in this subsection to demonstrate that the health or safety of children in care is adequately protected. The applicant or licensee's rationale must include copies of all known information relevant to determining whether the health or safety of children in care is adequately protected, including the following information:

(1) a copy of the individual's record of

(A) protective orders concerning domestic violence;

(B) conviction; or

(C) indictment, or of charging by information or complaint;

(2) if the individual was incarcerated,

(A) a copy of the order from the local, state, or federal jurisdiction releasing the individual from incarceration;

(B) the date that the individual was released from incarceration; and

(C) the terms and conditions of parole;

(3) if the individual was given a probated sentence, information related to the terms and conditions of probation;

(4) the extent, nature, and seriousness of the individual's offense and past criminal record, and of any physical, health, mental health, behavioral, domestic violence, alcohol, or substance abuse problem;

(5) the age of the individual at the time of the offense;

(6) the amount of time that has elapsed since the most recent offense;

(7) evidence of rehabilitation, safety prevention, or treatment efforts;

(8) other evidence of the individual's present fitness, including letters of recommendation from correctional officers who had custodial responsibility of the individual or any other person in contact with the individual; any letters must be from individuals unrelated to the individual on whose behalf the variance is requested;

(9) if the individual is an employee or volunteer or potential employee or volunteer, information related to job responsibilities that would be performed, plans for supervision, and hours and days of service.

( l ) For purposes of this section, the department will not consider an individual having contact with children in a child care facility to lack contact merely because the child care facility supervises or agrees to supervise that individual.

(m) In this section,

(1) "child abuse or neglect" has the meaning given that term in AS 47.17.290 ;

(2) "indictment" includes presentment or charging by information.

History: Eff. 1/1/96, Register 136; am 3/1/98, Register 145; am 2/8/2002, Register 161; am 2/24/2002, Register 161; am 10/3/2002, Register 163; am 10/4/2002, Register 163; am 11/13/2002, Register 164

Authority: AS 14.37.020