Section 7.57.220. Child care facility operation and management.

	(a)  A child care facility with one or more employees shall provide personnel policies to those employees when they start employment at the facility. The personnel policies must include, as applicable,  
		(1) personnel qualifications;  
		(2) the job description applicable to each employee; and  
		(3) procedures for annual evaluation.  
	(b)  The governing body or owner of a child care facility shall, either directly or by delegation to the administrator,  
		(1) provide for screening, scheduling, and supervising of employees and others who provide services in the facility;  
		(2) in a child care center, schedule work hours so that an administrator or the administrator's designee is on-site and available to staff, parents, and children while children are present at the facility; in a child care center that serves fewer than 30 children, the governing body or owner of a child care facility shall, either directly or by delegation to the administrator, schedule work so that either an administrator or child care associate is on-site and available to staff, parents, and children while children are present at the facility;  
		(3) ensure that each individual associated with the facility in a manner described in 7 AAC 10.900(b) has a valid criminal history check under 7 AAC 10.910(h) before employment or other service unless the department has granted a provisional valid criminal history check under 7 AAC 10.920 or a variance under 7 AAC 10.935;  
		(4) remove an employee or other caregiver from contact with children when the administrator has reason to believe that the employee or other caregiver  
			(A) has abused a child or furnished a child with alcohol, tobacco, marijuana, or a controlled substance; or  
			(B) is in violation of 7 AAC 57.310(b) or 7 AAC 57.315; and  
		(5) ensure that the ability of an employee or other caregiver to perform assigned duties is not impaired by alcohol, marijuana, or a controlled substance while that person is in contact with children or is performing other job responsibilities.  
	(c)  Subject to the applicable provisions of 7 AAC 10.900 - 7 AAC 10.990, if the department directs a child care facility to take action under (b)(4) of this section, the department will inform the individual of the grounds for removal and provide the individual with an opportunity to bring to the department's attention any facts the individual believes are pertinent. The department will excuse or delay notification to the individual if the department determines that notification may put children at risk of harm. The department will not provide the individual with any information that is confidential under law or that may put children at risk of harm. If termination of association is required under 7 AAC 10.900 - 7 AAC 10.990, the provisions of 7 AAC 10.960 apply.  
	(d)  A child care facility shall adopt and compile facility policies, procedures, program descriptions, and forms, as applicable, into a policies and procedures manual. The child care facility shall make the manual available to employees and other individuals associated with the facility in a manner described in 7 AAC 10.900(b), and to the department upon request.  
	(e)  A child care facility's practices, and the practices of the facility's employees or other individuals associated with the facility in a manner described in 7 AAC 10.900(b), must conform to applicable statutes, 7 AAC 10.1000 - 7 AAC 10.1095, this chapter, and the facility's policies and procedures manual.  
	(f)  In this section, "controlled substance" means a drug, substance, or immediate precursor included in the schedules set out in AS 11.71.140 - 11.71.190.  

Authorities

44.29.020;47.05.310;47.05.320;47.05.330;47.05.340;47.32.010;47.32.030

Notes

Reference

4 AAC 60.035

Authority

AS 44.29.020 AS 47.05.310 AS 47.05.320 AS 47.05.330 AS 47.05.340 AS 47.32.010 AS 47.32.030

History

Eff. 6/23/2006, Register 178; am 2/9/2007, Register 181; am 5/15/2016, Register 218