Title 7 . Health and Social Services

Chapter 50 . (Reserved)

Section 120. Facility operation and management

7 AAC 50.120. Facility operation and management

(a) A residential child care facility shall adopt personnel policies that are given to employees, contractors, and volunteers at the time they start work with children. The personnel policies must include, as applicable,

(1) personnel qualifications;

(2) the job description applicable to the employee, contractor, or volunteer;

(3) for employees and contractors

(A) procedures for annual evaluation; and

(B) a performance evaluation within six months of employment.

(b) A facility with one or more employees, contractors, or regular volunteers shall either directly or by delegation to the administrator or foster parent

(1) provide for screening, scheduling, and supervising of all employees, volunteers, and others who provide services in the facility;

(2) remove an employee, contractor, or volunteer from contact with children when the administrator has reason to believe that the employee, contractor, or volunteer has physically or sexually abused a child or furnished a child with alcohol or a controlled substance; and

(3) remove an employee, contractor, or volunteer from contact with children when the administrator has reason to believe that the employee, contractor, or volunteer is in violation of 7 AAC 50.210(c) (2), (3), or (5); and

(4) ensure that an employee's, contractor's, or volunteer's ability to perform assigned duties is not impaired by alcohol or controlled substances while in contact with children or while performing other job responsibilities.

(c) If the division requests a facility to remove an employee, contractor, or volunteer from contact with children on the grounds set out in (b)(2) and (b)(3) of this section, the division will inform the employee, contractor, or volunteer of the grounds for removal and provide the employee, contractor, or volunteer with an opportunity to bring to the division's attention any facts that the employee, contractor, or volunteer believes pertinent to the matter. The division will, in its discretion, excuse or delay notification to the employee, contractor, or volunteer if the division determines, in its discretion, that notification may put children at risk of harm or compromise a police investigation. The division will not provide the employee, contractor, or volunteer with any information that is confidential under law or that may put children at risk of harm or compromise a police investigation.

(d) A residential child care facility shall adopt and compile facility policies, procedures, program descriptions, and forms, as applicable, into an operational manual that must be made available to employees, contractors, and volunteers and to the licensing representative upon request.

(e) A facility's practices and the practices of the facility employees, contractors, or volunteers shall conform to statutes, this chapter, and the facility's policies.

History: Eff. 1/1/96, Register 136; am 3/1/98, Register 145; am 1/1/2001, Register 156

Authority: AS 44.29.020

AS 47.35.010