Alaska Administrative Code
Title 7 - Health and Social Services
Part 4 - Children's Services and Juvenile Justice
Chapter 57 - Child Care Facilities Licensing
Article 1 - Licensing Process
7 AAC 57.015 - Exemptions from licensure requirements
Universal Citation: 7 AK Admin Code 57.015
Current through August 30, 2024
(a) The following facilities or programs are exempt from the licensure requirements of AS 47.32 and this chapter:
(1) a facility in which
child care is regularly provided and each child's parent is on the premises
within reasonable proximity and accessibility to the child;
(2) a facility located on a United States
Department of Defense or United States Coast Guard installation that is located
on federal property, or a facility certified as a family child care provider by
a branch of the United States Department of Defense or by the United States
Coast Guard;
(3) a recreational
program that allows children to attend but that does not assume responsibility
for care of the children;
(4) a
daytime therapeutic program of supervised, educational, and rehabilitative
services for children with special needs as described in
7 AAC 57.940, or with behavioral problems;
(5) a program whose primary function is
educational and that
(A) is certified as a
pre-elementary school under
AS
14.07.020 and 4 AAC 60;
(B) serves children ages three through five
years and, under
4 AAC 60.020, is exempt from 4 AAC 60; or
(C) is operated as a Head Start preschool
program required to meet standards established under
42 U.S.C.
9836 a;
(6) a temporary facility that provides care
for one specific one-time occurrence scheduled for less than five weeks in any
12-month period, including a conference or weekend seminar; for purposes of
this paragraph, a temporary facility does not include a day camp or similar
facility or program described in (11) of this subsection;
(7) a facility that regularly provides care
to four or fewer children who are not relatives of the caregiver; "regularly
provides care" means that a child is enrolled for regular care, regardless of
whether that child receives full-time or part-time care;
(8) a facility in which the caregiver is a
relative of all of the children;
(9) a facility in which the caregiver is
caring for a child in the child's own home, regardless of whether the caregiver
is a relative of the child;
(10) a
public or private elementary school program, kindergarten through grade six,
lasting seven or fewer hours each day; the exemption in this paragraph does not
apply to child care provided at the school site before or after
school;
(11) subject to (b) of this
section, a day camp or similar facility or program that
(A) holds a current accreditation or
certification from the American Camping Association or another national
accreditation group with standards the department finds are substantially
similar to the requirements of this chapter; a facility or program that
believes it should be exempt under this paragraph shall submit the standards to
the department for review and approval;
(B) provides services for children age five
years and older;
(C) operates more
than five weeks in any 12-month period; and
(D) operates only during summer, winter, and
spring school breaks.
(b) To be exempt from the licensure requirements of AS 47.32 and this chapter under (a)(11) of this section, a facility or program must implement and conduct a fingerprint-based background check that meets or exceeds the standards set in 7 AAC 10.900 - 7 AAC 10.990 for each employee and other individual associated with the facility in a manner described in 7 AAC 10.900(b). If the facility or program does not conduct fingerprint-based background checks as described in this subsection,
(1) except for the
requirements of this chapter dealing with background checks, the department
will accept the accreditation or certification standards of the facility or
program in lieu of licensing requirements of this chapter; and
(2) the facility or program must meet the
applicable requirements of
AS
47.05.300-47.05.390 and
7 AAC 10.900 -
7 AAC 10.990 (barrier crimes and conditions; background
checks).
Authority:AS 44.29.020
AS 47.05.340
AS 47.32.010
AS 47.32.020
AS 47.32.030
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