Title 4 . Education and Early Development

Chapter 65 . (Repealed)

Section 181. Provider participation

4 AAC 65.181. Provider participation

(a) A provider may participate in the child care assistance program if the provider possesses

(1) a current license issued by the department under AS 14.37 to operate a child care facility in this state; for purposes of this paragraph, "current license" includes a child care facility license extended under AS 14.37.130 (d);

(2) a current certificate or other approval granted by the United States Department of Defense, the United States Coast Guard, or a tribal entity whose provider standards meet or exceed the standards of this chapter;

(3) approval of the department or a local grantee under (b) of this section; or

(4) approval of the department or a local grantee under 4 AAC 65.327.

(b) A provider who is otherwise exempt from licensure under AS 14.37.030 and provides care outside of the child's own home to a total of four or fewer children who are not a relative, as defined in AS 14.37.299 , of the provider, or to a child who is related to the provider, may apply to a grantee, or to the department in a location where no grant has been awarded, for approval of participation in the child care assistance program. The application must contain the following information:

(1) the name, mailing address, physical address, if different than the mailing address, telephone number, electronic mail address, if any, and copy of a government-issued photo identification of the applicant;

(2) verification that the applicant is the only individual providing child care or, if a substitute caregiver is used, a separate application for a substitute caregiver verifying the substitute's compliance with 4 AAC 65.185, except 4 AAC 65.185(c) (14)(A), (B), (D), and (F), and only if the substitute caregiver meets the requirements of 4 AAC 62.510(e) and 4 AAC 62.520(d) (1), (4), (7), and (9), and (f);

(3) if the applicant is providing care in the applicant's own home, the name of each member of the applicant's household and relationship to the applicant, including whether the individual will be a child in the applicant's care;

(4) the applicant's hours of operation, current rates, and other routine child care charges;

(5) an agreement not to exclude a participating family from discount rates offered by the applicant;

(6) certification that the provider will provide 30 days' written advance notice of any rate increase to the grantee and to participating families;

(7) certification that, except under the circumstances described in 4 AAC 65.271(b) or abuse, harm, or serious risk of harm to children in care, the provider will give 14 days' written advance notice to the grantee and to a participating family of discontinuation of service;

(8) a copy of the department's provider responsibilities form required under 4 AAC 65.291(d) , containing provider requirements set out in this chapter, signed by the provider;

(9) the applicant's business license number and social security number;

(10) verification of compliance with 4 AAC 65.185;

(11) release forms completed by all members of the applicant's household that are 16 years of age and older that authorizes the grantee and the department to review criminal justice and other information required under 4 AAC 65.185(a) (3), (b), and (e); and

(12) other information required by the department on the application to determine whether the applicant meets the requirements of this chapter.

(c) A provider who is otherwise exempt from licensure under AS 14.37.030 and does not provide child care services in the child's own home may be approved for participation in the program for a maximum period of one year, unless extended by the department for the purpose of processing an application for licensure that is received at least 90 days before the expiration of provider approval. The provider must submit a completed application to the department for a license to provide child care in this state under AS 14.37.040 in order to continue participation in the program.

(d) A provider who is otherwise exempt from licensure under AS 14.37.030 and provides services in the child's own home, or care to a child who is related to the provider, shall be approved for participation in the program biennially, except that a parent may not be approved for participation in the program for the care of that parent's child.

(e) If an applicant fails to meet any of the provider eligibility requirements of this chapter, a grantee or the department shall discontinue the provider's participation in the program or decline to issue a new authorization, unless satisfaction of the requirement is pending receipt of results needed to determine compliance with the requirements of 4 AAC 65.185 during an initial period of 30 days following receipt of the provider's rates and responsibilities form.

(f) If a grantee discontinues a provider's participation in the program, or a grantee declines to issue a new authorization under (e) of this section, the provider may request an administrative review under 4 AAC 65.431.

(g) In this section, "child who is related to the provider" means a child who is related to the provider by marriage, blood relationship, or court decree, including a

(1) grandchild;

(2) great grandchild;

(3) sibling, if living in a separate residence;

(4) niece; or

(5) nephew.

(h) If the department discontinues a provider's participation in the program or declines to issue a new authorization under the provisions of (e) of this section, the provider may request an appeal under 4 AAC 65.433.

History: Eff. 6/28/90, Register 114; am 9/12/97, Register 143; am 3/8/2002, Register 161; am 9/11/2002, Register 163; am 10/10/2002, Register 164; am 11/10/2002, Register 164

Authority: AS 14.07.060

AS 14.38.100