7 Alaska Admin. Code § 41.370

Current through May 31, 2024

Section 7 AAC 41.370 - Child care in the child's own home

(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.

7 AAC 41.370

Eff. 6/23/2006, Register 178; am 2/9/2007, Register 181; am 1/5/2017, Register 221, April 2017; am 6/29/2017, Register 222, July 2017; am 10/31/2019, Register 232, January 2020

Authority:AS 47.05.010

AS 47.05.300

AS 47.05.330

AS 47.25.001

AS 47.25.051