Current through August 30, 2024
(a) To participate
in the child care assistance program under this chapter, an eligible family may
hire an in-home child care caregiver to care for the family's children in the
family's home only if the caregiver does not reside in the family home, has a
valid background check under AS 47.05.300 - 47.05.390 and 7 AAC 10.900 - 7 AAC 10.990, and is approved under G) of this section. A parent will not be approved
for participation in the program as an in-home caregiver for the care of the
parent's own children. A family eligible to hire an in-home caregiver for the
children of the family residing in the family's home must be participating in
an eligible activity outside the family's home, except as described in 7 AAC 41.310(b)(4), and require care for
(1) at
least four children who
(A) are not in school
at any time during the day;
(B)
require care;
(C) are otherwise
eligible as specified hi
7 AAC 41.350; and
(D) are not the children of the in-home child
care caregiver;
(2) at
least one child with special needs;
(3) at least one child who Is younger than 12
months of age; or
(4) at least one
child of a family in which all parents are working a night shift,
(b) The family must participate in
an in-person or telephonic interview and program orientation and must submit to
(1) the department office responsible for
conducting background checks under 7 AAC 10.900 - 7 AAC 10.990 all items
required under 7 AAC 10.910(b) for the selected in-home child care caregiver;
and
(2) the designee or to the
department office responsible for approvals under this chapter, on or before
the date on which the family submits the application required under
7 AAC 41.315, a complete application for in-home care;
an application for approval under (d) of this section must contain the
following information on a form prescribed by the department:
(A) for the hiring parent of the family, the
parent's first name, middle name if applicable, last name, mailing address,
physical address, telephone number, electronic mail address, if any, and
aliases;
(B) for the hiring parent
of the family, the parent's federal taxpayer identification number or social
security number;
(C) for each child
in the family, the child's first name, middle name if applicable, last name,
and date of birth;
(D) the
caregiver's
(i) first name, middle name if
applicable, and last name;
(ii)
aliases;
(iii) federal taxpayer
identification number or social security number;
(iv) date of birth;
(v) mailing address;
(vi) physical address;
(vii) telephone number; and
(viii) electronic mail address, if
any;
(E) a copy of a
government-issued photo identification of the hiring parent;
(F) a copy of a government-issued photo
identification of the selected in-home child care caregiver;
(G) a copy the caregiver's qualifying
education of a high school diploma, general educational development (GED)
diploma, or the equivalent;
(H) a
verification signed by the family and the selected in-home child care
caregiver, on a form prescribed by the department, that the selected caregiver,
if approved under (c) or (d) of this section, will be employed by the family,
and will care only for children of the family who reside in the family's home;
if fewer than five children are in the family, the caregiver may also care for
the caregiver's own children if the total number of all children in care does
not exceed five;
(I) a copy of the
caregiver's pediatric first aid and cardiopulmonary resuscitation (CPR)
certifications;
(J) a completed
child care provider disaster preparedness and emergency evacuation plan, on a
form prescribed by the department that must include;
(1) evacuation procedures that will ensure
Hie complete evacuation of children in care, including children with limited
mobility, within 150 seconds during an emergency;
(2) a detailed description of the procedures that will
be followed for the complete evacuation of the child care premises, including
specific procedures, as applicable, for
(A)
children younger than 30 months of age;
(B) children with limited mobility; and
(C) children who otherwise may
need assistance in an emergency, including a child who is mentally, visually,
or hearing impaired;
(3)
procedures for other emergency situations or natural disasters that may affect
the child care premises, including, active shooter, tsunami, flooding, and
earthquake emergencies;
(4)
procedures for relocating services and reunifying the child and family when the
child care premises are inaccessible;
(5) emergency evacuation drills to be
conducted and documented once each month unless postponed due to severe
weather; the caregiver shall document the reason for any postponement: and
(6) lock-down procedures for
sheltering the children in place for emergency situations when evacuation is
not possible;
(K)
verification of compliance with the health and safety requirements of this
section; and
(L) copies of
completed required state employment information submitted to the Department of
Labor and Workforce Development and the Department of Revenue,
(c) If the department
determines under 7 AAC 10.915 that a barrier crime or condition exists with
respect to the selected in-home child care caregiver, or if the valid
provisional background check issued under 7 AAC 10.920 expires, the department
will, or the designee shall, revoke the approval, and the family shall
terminate association with the selected caregiver, unless the family requests a
variance under 7 AAC 10.930, and the department grants the request under 7 AAC 10.935.
(d) If for the selected
in-home child care caregiver the department determines under 7 AAC 10.915 that
a barrier crime or condition does not exist, the department will, or the
designee shall, determine whether the caregiver has met the applicable
requirements of this section and 7 AAC 41.205(a). If the department or designee
determines that the caregiver
(1) has met the
applicable requirements of this section and
7 AAC 41.205(a), the department will,
or the designee shall, approve that caregiver in accordance with the applicable
provisions of this chapter; or
(2)
has not met the applicable requirements of this section and 7 AAC 41,205(a),
the department will not, and the designee may not, approve that caregiver; the
department will, or the designee shall, notify the family and
(A) specify the reasons for that
determination; and
(B) advise the
family of the right to request a hearing under 7 AAC 49.
(e) If the department determines
under 7 AAC 10.915 that a barrier crime or condition exists with respect to the
selected in-home child care caregiver, the department office responsible for
conducting background checks shall notify
(1)
the caregiver of the right to request a redetermination under 7 AAC 10.927;
and
(2) the family of the right to
request a variance under
7 AAC 10.930.
(f) The department will not, and the designee
may not, approve under this chapter a selected in-home child care caregiver for
whom the department determines under 7 AAC 10.915 that a barrier crime or
condition exists unless
(1) the selected
caregiver makes a request for a redetermination under 7 AAC 10.927;
or
(2) the family requests a
variance under
7 AAC 10.930, and the department grants the request
under 7 AAC 10.935.
(g) The department will, or a designee shall,
provide written notice to the family of the family's obligation to pay the
approved in-home child care caregiver the greater of at least
(1) the minimum wage established under
AS
23.10.065; or
(2) the amount of the family's program
benefits established under
7 AAC 41.345, including the family's contribution
established under
7 AAC 41.330.
(h) The department will, or a designee shall,
provide to the family choosing in-home child care
(1) United States Internal Revenue Service
Form W-2 and a wage and tax statement for the family to complete; and
(2) United States Department of Homeland
Security, United States Citizenship and Immigration Services (USCIS) Form 1-9
for the family to complete.
(i) The family shall ensure that the family's
home meets and the family's caregiver follows the general health and safety
requirements to
(1) take precautions against
the spread of infectious disease by ensuring that each person in contact with
children washes that person's hands for at least 10 seconds with soap and water
and rinses them with water
(A) before food
handling, preparation, serving, eating, or table setting;
(B) after toileting or assisting a child with
toileting or diapering;
(C) after
handling an animal, animal waste, or an animal cage;
(D) before and after giving
medication;
(E) before and after
participation in moist play, including painting, cooking, or molding clay;
and
(F) if hands are contaminated
with a body fluid, including from nose wiping;
(2) encourage children to wash their hands at
similar times described in (1) of this subsection;
(3) ensure that children in care have been
immunized as required by
7 AAC 57.550(a) - (e), except that
children in protective services or foster care may be enrolled for up to 30
days without a valid immunization record;
(4) ensure that an opportunity for a
supervised rest or sleep period is provided for each child under five years of
age who is in care more than five hours, and for any other child, if desired by
the child; for a child who is unable to sleep, the caregiver shall provide
supervised time and space for quiet play; the caregiver may place in a crib
only
(A) an infant described in
7 AAC 41.025(b);
(B) a nonclimbing toddler described in
7 AAC 41.025(b); or
(C) a child identified as having special
needs, if appropriate;
(5) administer medication only as follows:
(A) upon admission or when a new medication
is prescribed, the caregiver shall obtain from the parent of a child in care
written permission for the administration of prescription medication;
(B) the caregiver shall administer
prescription medication and special medical procedures only in the dosage, at
the intervals, or in the manner prescribed by a physician or other person
legally authorized to prescribe medication or medical procedures, and shall
document in a medication log the date and time each dose is administered and
the caregiver's initials;
(C) if
written permission has not been obtained from the child's parent for the
administration of a commonly used nonprescription medication or medication
contained in the first aid kit required under
7 AAC 10.1075 and (I) of this section, the caregiver
shall document telephone permission to administer that medication;
(D) the caregiver shall document in a
medication log, including the date and time each dose is administered and
caregiver's initials, the use of any commonly used nonprescription medication
for oral or topical use kept on hand by the caregiver for the communal use of
any child;
(6) ensure
that prescription medicine is kept in
(A) the
original container showing the date filled, the expiration date, instructions,
and the physician's or other medical professional's name; or
(B) medicine sets filled by a pharmacist or a
licensed medical professional; the prescription date filled, the expiration
date, instructions, and the physician's or other medical professional's name
must be affixed to or stored with each medicine set;
(7) ensure that each stored medication,
including each nonprescription medication, is in its original container and
properly labeled with the name of the child for whom it is intended, the name
of the medication, the dosage, the expiration date, and directions for
administration;
(8) ensure that
medications are stored in a manner that prevents access by unauthorized
persons;
(9) ensure that
medications, including controlled substances, are stored in accordance with the
manufacturer's recommendations; in this paragraph, "controlled substance" means
a drug, substance, or immediate precursor included in the schedules set out in
AS
11.71.140-
11.71.190;
(10) ensure that nonprescription medications
and health products, including nonaspirin fever reducers, naturopathic
remedies, vitamin and mineral supplements, diaper ointments and powders,
sunscreen, and insect repellent, are used only at the dose, duration, or method
of administration specified on the manufacturer's label;
(11) ensure that medication requiring
refrigeration is grouped together, stored in a manner to prevent contamination
of food, and labeled as required by this section;
(12) ensure that snacks and meals are
nutritious and meet the child's daily dietary needs;
(13) maintain sanitary facilities for the
proper care, storage, refrigeration, and preparation of food; the caregiver
shall ensure that
(A) food served is not
altered to contain harmful substances; and
(B) fruits and vegetables are thoroughly
washed with potable water before use;
(14) observe the following requirements for
bottle feedings if caring for infants as described in
7 AAC 41.025(b);
(A) an infant shall be fed on
demand;
(B) a child on bottle
feedings
(i) shall either be held or fed
sitting up or, if unable to sit up, always be held by a caregiver during the
feeding; bottles may not be propped for a child; and
(ii) may not be permitted to hold or carry
its bottle at times other than the feeding;
(15) obtain information concerning any food
allergies or special dietary needs of each child and plan that child's meals
accordingly; and
(16) except for
medical reasons, not deny a meal or snack to a child, force-feed a child, or
otherwise coerce a child to eat against the child's will; mere encouragement
without any element of compulsion is not prohibited.
(j) The family shall ensure that the family's
home meets and the family's caregiver follows the environmental health and
safety requirements described in
7 AAC 41.220(c)(1) - (10) and
(12)-(14).
(k) The family shall
ensure that the family's home meets and the family's caregiver follows the life
and fire safety requirements described in
7 AAC 41.222(d) - (i).
(I) The family shall ensure that the family's
home meets and the family's caregiver follows the first aid kit requirements
and procedures described in
7 AAC 41.230(b).
(m) The family shall ensure that the family's
selected caregiver obtains and provides verification to the department or
designee completion of required training, before program participation or
within the first three months after receiving approval for program
participation, on health and safety topics consisting of
(1) the prevention and control of infectious
diseases; training under this paragraph must include training on
immunizations;
(2) prevention of
sudden infant death syndrome and use of safe sleeping practices;
(3) the administration of medication,
consistent with standards for parental consent;
(4) the prevention of and response to
emergencies because of food and allergic reactions;
(5) building and physical premises safety,
including identification of and protection from hazards, bodies of water, and
vehicular traffic:
(6) prevention
of shaken baby syndrome, abusive head trauma, and child maltreatment;
(7) emergency preparedness and response
planning for emergencies resulting from a hazard or natural disaster within the
meaning of those terms under
42 U.S.C.
5195 a(a) (sec. 602(a), Robert T. Stafford
Disaster Relief and Emergency Assistance Act);
(8) handling and storage of hazardous
materials and the appropriate disposal of biocontaminants;
(9) appropriate precautions in transporting
children;
(10) recognition and
reporting of child abuse and neglect; and
(11) minimum health and safety
training.
(n) The family
shall ensure that the family's caregiver obtains annually at least 12 hours of
ongoing training pertaining to health and safety, early childhood and
development, or both.
(o) Upon
approval of the family's in-home child care caregiver and subject to the
monthly maximum set in
7 AAC 41.025(g) and the amount of the
family contribution under
7 AAC 41.330, the department will, or a designee shall,
issue an authorization for in-home child care and program benefit payments to
the family. The family shall submit a request for payment and any corrections
to that request to the department or designee on a form prescribed by the
department. A request for payment must be submitted on or before the last day
of the month immediately following the month in which child care services were
provided. If the department determines information in a request for payment is
incorrect or incomplete, the department will return the request to the family.
Unless the request is corrected and resubmitted to the department no later than
the last day of the month following the month in which it was returned by the
department, the department will not make payment for that request for
payment.
(p) The department will
not pay program benefits included on a request for payment or a correction to a
request for payment submitted later than the applicable deadline set in (d) of
this section.
(q) The family shall
retain for at least three years all records related to attendance of children
in care, requests for payment under this chapter, and in-home child care
caregiver employment.
(r) The
family and the approved in-home child care caregiver shall cooperate with the
department or a designee for purposes of monitoring reviews or investigations
to determine compliance with this section. In this subsection, "cooperate"
includes providing access to
(1) die site
where care is provided;
(2)
records; and
(3) children for
purposes of conducting interviews.
(s) Benefits will not be paid for care
rendered by an in-home child care caregiver before die effective date of the
department's approval of the caregiver.
(t) the family shall provide notice of at
least 10 business days, except in the circumstances described in
7 AAC 41.320(c)(4)(A) and (B), to the
department or designee when discontinuing employment of the family's in-home
child care caregiver. The notice must include die last date care is to be
provided. If an enrollment authorization is currently in place and the family
provides written notice of at least 10 business days to discontinue services,
the department will, or the designee shall, pay for authorized care only
through the indicated last date of care. The department will pay for care
provided by a subsequent in-home child care caregiver only after the family
submits the information required under (b) of this section and the department
issues an approval under (d) of this section for the subsequent
caregiver.
(u) In addition to the
program benefits authorized for a participating family, the family may request
payment from the program and be paid for up to 10 hours of care each day, not
to exceed 50 hours of care in a month, when a school-age child as described in
7 AAC 41.025(b) was in care because of
being too ill to attend school.
Authority:AS
47.05.010
AS
47.05.300
AS
47.05.330
AS
47.25.001
AS
47.25.051
