Section 7.50.010. Exemptions from licensure requirements.

	(a)  The following persons are exempt from the licensure requirements of AS 47.32  and this chapter:  
		(1) a person caring for a child in the child's own home, whether related to the child or not;  
		(2) a person designated by a foster parent for the supervision of a child during the planned or emergency absence of the foster parent for a period of no more than 21 days;  
		(3) a person operating a residential child care facility on a United States Department of Defense installation or on a federal reserve;  
		(4) a person licensed as an assisted living home under AS 47.33  who admits a child for care depending on an evaluation of  
			(A) the number, ages, needs, and characteristics of children that the facility intends to admit for care;  
			(B) the physical accommodations, staff qualifications, plan for supervision, and health and safety provisions; and  
			(C) the proposed length of stay of children in the program;  
		(5) a person providing boarding care exclusively for children 16 years of age and older if  
			(A) each parent of a child has agreed to the placement of the child in a home selected by the school in which the child is enrolled; and  
			(B) the person providing the boarding care has, for each child in care, an authorization for emergency medical care; and  
		(6) an individual seeking to operate a foster home if that individual provides care only for one or more relatives, unless the department requires licensure under an agreement for services;  
		(7) a person who is approved and licensed to operate a foster home through a tribe or tribal entity, if  
			(A) the tribe or the tribal entity has licensing standards that are in accordance with federal licensing requirements; and  
			(B) the tribe or the tribal entity has a current tribal Title IV-E Pass Through Maintenance Agreement approved by the director or the director's designee of the office of children's services in the department.  
	(b)  Deleted 7/1/2000.  
	(c)  The division will, in its discretion and on a case by case basis, grant an exemption from the requirements of this chapter to a person providing supervised transition living or supervised apartment living for children age 16 or older depending upon an evaluation of  
		(1) the number, ages, needs, and characteristics of children the person intends to serve;  
		(2) admission criteria and reevaluation criteria that will be used to determine readiness and continuing capacity of a child for self-sufficiency;  
		(3) the physical accommodations, staff qualifications, and plan for supervision;  
		(4) proposed length of stay in the program; and  
		(5) how the person represents the program and support services the person will provide as demonstrated in brochures and other materials that are available to the child and to the public.  

Authorities

44.29.020;47.32.010;47.32.020;47.32.030

Notes

Reference

7 AAC 53.090

Authority

AS 44.29.020 AS 47.32.010 AS 47.32.020 AS 47.32.030 Editor's note: Information relating to the tribal Title IV-E Pass Through Maintenance Agreement referred to in 7 AAC 50.010 may be obtained from the Department of Health and Social Services, Office of Children's Services, P.O. Box 110630, Juneau, AK 99811-0630.

History

Eff. 1/1/96, Register 136; am 3/1/98, Register 145; am 10/17/2007, Register 184; am 12/15/2013, Register 208

References

7.50.010