Section 7 AAC 56.150 - Records(a) An agency shall (1) establish written records necessary to demonstrate compliance with the applicable requirements of this chapter;(2) retain records demonstrating compliance for at least three years from the records creation; and(3) permit a licensing representative to review records, including personnel and evaluation records and applicable portions of board or other governing body minutes, to determine compliance with this chapter.(b) An agency shall maintain records on forms prescribed by the department unless the agency uses alternate forms that contain the essential elements of the prescribed forms.(c) An agency shall make and retain a record for a child and the child's family, if appropriate, so that (1) entries are dated and identify the individual making the entries;(2) the records of a child placed in foster or residential care or for guardianship are retained for at least seven years after the child reaches the age of majority; and(3) the records of a child and the child's birth family for a child placed in an adoptive home are retained for 100 years after the adoption is final, and must be transferred to the department if the agency ceases operation.(d) An agency shall maintain confidentiality of information about a child and the child's family, except as necessary to obtain services for a child or the child's family. An agency caring for a child who is in state custody shall comply with the requirements of 7 AAC 54.010 - 7 AAC 54.150, 7 AAC 54.300 - 7 AAC 54.390, and 7 AAC 54.900. An agency shall maintain confidentiality of adoption records in accordance with AS 25.23.150(b). An agency may not disclose information, including photographs, concerning a child in state custody if disclosure is inconsistent with the child's plan of care or treatment plan or violates a federal or state statute or regulation.(e) An agency shall maintain personnel records for employees, contractors, and volunteers. For employees, these records shall include starting and ending dates, application materials, evidence of a criminal justice information search, annual and interim performance evaluations, orientation and training documentation, personnel action memoranda of commendation or reprimand, and similar items. For all volunteers, records may be limited to starting and ending dates, application materials, an evaluation notation. Additionally, for regular volunteers, records must evidence of a criminal justice information search done in accordance with AS 47.05.300 - 47.05.390.(f) An agency shall maintain foster home, adoptive home, and guardianship records as appropriate to agency services.(g) Foreign adoption records for a birth family and a child must at a minimum include information available concerning the following: (1) illnesses and diseases endemic to the child's country of origin and specific infectious diseases to which the child may have been exposed;(2) prenatal exposure of the child to drugs or alcohol;(3) the child's living arrangements before placement, and any record of the child's adjustment to such arrangements;(4) the specific plan for transportation of the child to the adoptive home.Eff. 1/1/2001, Register 156; am 7/1/2022, Register 242, July 2022Authority:AS 44.30.020
AS 47.32.030