Title 7 . Health and Social Services

Chapter 50 . (Reserved)

Section 425. Program in residential child care facilities

7 AAC 50.425. Program in residential child care facilities

(a) A residential child care facility shall describe in writing the ways its program will provide treatment, structure, and daily activities designed to promote the individual physical, social, intellectual, spiritual, and emotional development of the children in the facility. The description must address the requirements of this section and also include provisions and policy relating to the applicable requirements of 7 AAC 50.435, 7 AAC 50.440, 7 AAC 50.445, 7 AAC 50.455, 7 AAC 50.460, and any specialization of the facility under 7 AAC 50.600 - 7 AAC 50.650.

(b) A facility shall plan routines and activities appropriate to the children's age and development in a manner that

(1) ensures

(A) consistency through communication between caregivers on different shifts regarding activities and special needs or problems of children;

(B) involvement of children in decision-making regarding the routines and activities of their living group; and

(C) the accommodation of an individual child's treatment plan; and

(2) includes

(A) routines to meet the children's basic daily needs;

(B) experiences or training to facilitate independent living, including social skills, family life, personal hygiene, human sexuality, care of clothing and personal belongings, health and nutrition, and money management;

(C) opportunities for religious education and attendance at religious services, group, individual, or family counseling, and attendance at ethnic or cultural events compatible with the child's treatment plan; a facility shall recognize, encourage, and support the religious beliefs, ethnic and cultural heritage, and language of a child's birth parent; however, a facility shall respect the preference of a child nine years of age or older;

(D) opportunities for group, individual, or family counseling within or outside the facility; and

(E) opportunities for indoor and outdoor leisure and recreational experiences.

(c) A facility must have a vehicle or other means of transportation to transport children.

(d) A facility shall recognize the importance of family and cultural ties to a child's self-esteem and shall encourage interaction between the child and the child's family or cultural group whenever possible. A facility shall

(1) have a policy regarding visiting and other forms of communication with family, friends, and others significant to the child; and

(2) obtain advance approval from a child's parent or from the placement worker for an absence of the child from the facility

(A) 14 days before a trip outside of the state; or

(B) for a period of 72 hours or longer.

(e) A facility shall provide for the privacy of each child whenever possible by

(1) maintaining doors on sleeping areas and bathroom enclosures, unless there is a clear, clinical justification for their removal;

(2) assigning children who need extra sleep, have sleep disturbances, or need extra privacy to one or two person rooms;

(3) requiring personnel to make themselves known before entering a child's room, except when doing bed checks when children are sleeping;

(4) prohibiting body or strip searches, except a child may be searched if there is cause to believe a weapon or contraband may be found and the facility has a personal search policy approved by the licensing representative;

(5) prohibiting search of a child's room, except, if there is cause to believe that a weapon or contraband may be found, a search of a child's room may be conducted in the presence of the child or another caregiver;

(6) prohibiting the use of surveillance cameras or listening devices for routine observation of children in bedrooms or bathrooms; however, motion detectors or surveillance cameras in behavior-management rooms, hallways, or common living areas are permitted;

(7) prohibiting personnel from opening a child's parcels or letters, except, if the child is incapable of doing so or the caregiver suspects the contents to be a weapon or contraband, a child's parcels or letters may be opened if another caregiver is present;

(8) prohibiting personnel from reading a child's letters, except, if the child is incapable of doing so, the child's letters may be read to the child if another caregiver is present; and

(9) providing privacy for phone conversations and visitation, unless monitoring of calls or visits is specified in the treatment plan.

(f) A facility shall ensure that a child in care receives education to meet the child's needs. A facility shall actively support a child's learning through techniques such as encouragement, quiet time, a space to do homework, reinforcement for learning, study, and homework and, when necessary, furnishing special materials, tutoring, and career counseling.

(g) A facility with shift workers shall maintain daily log notes in which on duty staff shall comment on the activities and events of the day for each child in care. A facility shall observe, assess, and record the progress of each child toward meeting objectives in the child's treatment plan a minimum of once a week.

(h) A facility shall provide each child with the child's own clean, well fitting, attractive, seasonal clothing appropriate to age, sex, and individual needs and comparable in quality, quantity, and appearance to that worn by other children in the community.

(i) A facility shall allow a child to bring and acquire personal belongings consistent with the child's space, comfort, and safety. However, a facility may require a child to verify ownership of belongings in the child's possession.

(j) A facility may use chores to give a child the opportunity to learn responsibility, but may not use chore assignments as an unpaid substitution for adult staff. The facility shall make chore assignments only in accordance with the age and ability of the child.

(k) A facility shall permit a child to receive the child's own money, whether through an allowance, child's fund, opportunities for paid work, or other source. A facility

(1) shall consider money earned or money received as a gift, allowance, or from some other source as the child's personal property and shall not permit a caregiver or other resident of the facility to spend the child's money, except at the request of the child;

(2) may place limitations on the amount of money a child may possess or to which the child may have unencumbered access, if the limitations are in the child's best interest;

(3) shall maintain a separate accounting system for children's funds that are maintained by the facility; and

(4) shall assist a child who maintains funds in excess of $200 in establishing a personal bank account.

(l) If a child exhibits signs of danger to self or to others, a facility shall either obtain professional services not available from facility staff or make arrangements to discharge the child. If the facility chooses to obtain professional services for the child, the facility shall have the child evaluated by a mental health professional, develop a specific plan of care to prevent harm to the child or others, submit the plan of care to the mental health professional for the professional's review and approval, and implement the plan only with the professional's approval.

(m) A facility that provides services for emotionally disturbed children must have mental health resources available on both an ongoing and emergency basis and shall show evidence of access to these resources.

(n) A facility that provides services for children with alcohol or drug dependence must have alcohol or drug treatment resources available on both an ongoing and emergency basis and shall show evidence of access to these resources.

(o) A child may not be involved in an activity related to fund raising or publicity for a facility without the prior written consent of the child, the child's parent, and the child's placement worker.

(p) Upon a child's discharge a facility shall provide services to assist the child in making a successful transition back to the community or family. The services provided may include transmitting medical, school, and other records to the appropriate agencies and serving as a resource to former residents for emotional and other support following discharge.

History: Eff. 1/1/96, Register 136; am 3/1/98, Register 145; am 6/21/2001, Register 158

Authority: AS 44.29.020

AS 47.35.010