7 Alaska Admin. Code § 41.407

Current through May 31, 2024

Section 7 AAC 41.407 - Noncompliance and plans of correction

(a) A participating provider or a participating family using an in-home child care caregiver shall cooperate with the department or a designee for purposes of file reviews, monitoring reviews, inspections, or investigations to determine compliance with this chapter, including allowing access to the premises where child care is provided, relevant records, and children and staff for purposes of conducting interviews.

(b) If, after a compliance review under this section, the department or designee determines that a provider or family described in (a) of this section has failed to comply with one or more applicable requirements of AS 47.25.001 - 47.25.095 or this chapter, the provider or family described in (a) of this section shall submit to the department a plan of correction, stating a date on or before which compliance will be achieved.

(c) The department may conduct a follow-up inspection to determine compliance with the plan of correction required under (b) of this section. Refusing to comply with a plan of correction is an intentional program violation.

(d) The plan of correction required under (b) of this section must set out, for each violation identified,

(1) each action that will be taken to cure the violation;

(2) each measure that will be taken or change that will be made to ensure that the violation does not recur;

(3) how the provider or family described in (a) of this section will monitor each corrective action to ensure that the violation is cured and will not recur; and

(4) the date on or before which the violation will be cured.

(e) The plan of correction must be signed by the provider as described in (a) of this section or the hiring parent for the family as described in (a) of this section, for a violation.

(f) If the department determines that any recipients of services were affected by a violation, the department may also require the provider or family described in (a) of this section to describe

(1) each corrective action that will be taken with regard to those recipients; and

(2) how the provider or family described in (a) of this section will identify other recipients of services who might be affected by the violation, and what corrective action will be taken.

(g) The department will review a plan of correction submitted under this section to determine whether the plan is acceptable. If the department determines that the plan is unacceptable, the department may

(1) request additional information regarding one or more corrective actions described in the plan;

(2) require the provider or family described in (a) of this section to amend the plan as directed by the department;

(3) require the provider or family described in (a) of this section to comply with a plan of correction developed by the department under (i) of this section.

(h) If the department finds that the provider or family described in (a) of this section has failed to correct a violation of AS 47,25.001 - 47.25,095 or this chapter, has failed to submit a plan of correction for department approval, or has submitted an unacceptable plan, the department may require the family or the provider to participate in a plan of correction developed by the department under (i) of this section.

(i) In a plan of correction developed by the department, the department will describe each violation, specify each corrective action that the provider or family described in (a) of this section must take to correct the violation, and specify the date on or before which the provider Or family must cure the violation. The department will notify the provider or family in writing of a decision to require compliance with a plan of correction developed under this subsection, and will provide a copy of the plan of correction with the notice. In the notice, the department will describe any penalties under 7 AAC 41.425 the department intends to take, regardless of whether the violation is cured.

(j) The department may conduct a follow-up inspection to determine compliance with the plan of correction developed under (i) of this section. Refusing to comply with a plan of correction is an intentional program violation.

7 AAC 41.407

Eff. 6/23/2006, Register 178; am 1/5/2017, Register 221, April 2017

Authority:AS 47.05.010

AS 47.25.001