Section 7.57.310. Qualifications and responsibilities of employees and other individuals in a child care facility.

	(a)  An individual associated with a child care facility in a manner described in 7 AAC 10.900(b) must be a responsible individual of reputable character who exercises sound judgment.  
	(b)  An individual associated with a child care facility in a manner described in 7 AAC 10.900(b) is subject to the applicable requirements of AS 47.05.300 - 47.05.390 and 7 AAC 10.900 - 7 AAC 10.990 (Barrier Crimes, Criminal History Checks, and Centralized Registry). In addition, an individual may not work, with or without compensation, or reside in a child care facility or in any other part of the premises that house a child care facility, if the individual has the opportunity to gain access to the facility and  
		(1) the individual's name appears on the centralized registry established under 7 AAC 10.955;  
		(2) the individual has a physical health problem, behavioral health problem, or domestic violence problem that poses a significant risk to the health, safety, or welfare of children in care; or  
		(3) the individual was the subject of a final adverse licensing action under AS 47.32.130 or 47.32.140(d)(5), (6), (7), or (9).  
	(c)  A caregiver must be able to  
		(1) communicate daily or on an ongoing basis with parents regarding their children's care, their children's needs, and when concerns or issues arise;  
		(2) allow parental visits and encourage parental involvement;  
		(3) demonstrate respect for each child in care and the child's family;  
		(4) support behavior of children with positive guidance and set clear and consistent limits to promote the children's ability for self-discipline;  
		(5) provide children with a variety of age-appropriate learning and social experiences;  
		(6) demonstrate a positive attitude toward bottle weaning, diapering, toilet learning, and individual needs of children;  
		(7) respond appropriately to a child's needs, including responding to a baby's cry as promptly and effectively as possible;  
		(8) prevent exposure of children to high risk situations, including exposure to physical hazards and encounters with individuals or animals posing a possible danger;  
		(9) use strategies to prevent a child's aggressive behavior and to de-escalate volatile situations;  
		(10) act as a positive role model for children, especially with regard to respecting the feelings and rights of others; and  
		(11) provide an environment that respects the gender, culture, ethnicity, family composition, and special emotional, cognitive, and developmental needs of each child.  
	(d)  A child care facility with one or more employees or other caregivers shall obtain a completed application for employment or other work from each prospective employee or caregiver before allowing the applicant to have contact with children in care. The completed application must provide the information necessary to determine whether the applicant has the qualifications required under this section. In addition, the facility shall obtain at least three written references on a prospective employee, at least two of which are from individuals unrelated to the applicant, and at least one reference on any other caregiver, from someone unrelated to the caregiver. A reference must  
		(1) be received directly by the child care facility from the individual making the reference;  
		(2) attest to the prospective employee's or other individual's ability to work successfully with children, act as a positive role model for children, and otherwise meet the requirements of this section; and  
		(3) if taken by telephone, be recorded immediately by written notes, dated and signed by the individual taking the reference.  
	(e)  For purposes of this section, the department will not consider an individual in a child care facility to lack contact with children in the facility merely because the facility supervises or agrees to supervise that individual.  
	(f)  In this section, "abuse, neglect, or exploitation of a child" has the meaning given the term "child abuse or neglect" in AS 47.17.290.  

Authorities

44.29.020;47.05.310;47.05.320;47.05.330;47.05.340;47.32.010;47.32.020;47.32.030;47.32.130;47.32.140

Notes

Reference

4 AAC 60.035
7 AAC 57.040
7 AAC 57.220
7 AAC 57.300
7 AAC 57.500

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 47.32.020 AS 47.32.030 AS 47.32.130 AS 47.32.140

History

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