Header:
ALASKA ADMINISTRATIVE CODE
TITLE 7. HEALTH AND SOCIAL SERVICES
PART 3. PUBLIC ASSISTANCE AND MEDICAL ASSISTANCE
CHAPTER 41. CHILD CARE ASSISTANCE PROGRAM
ARTICLE 2. PROVISIONS FOR PROVIDERS
Date:
08/31/2009
Document:
7 AAC 41.215. General health and safety requirements
(a) A licensed provider must meet the applicable health and safety requirements of 7 AAC 10.1000 -- 7 AAC 10.1095 and 7 AAC 57. A provider described in 7 AAC 41.200(a)(2), (3), or (4) must meet the applicable general health and safety requirements of the accrediting, certifying, or approving agency.
(b) A provider described in 7 AAC 41.200(d) or (e) must meet the health and safety requirements of (c) - (e) of this section to be approved for participation in the program.
(c) A provider described in (b) of this section shall ensure that the total number of children under 13 years of age, including the provider's children under 12 years of age, for whom the provider regularly provides care, does not exceed five, and that no more than two children, including the provider's children, are under the age of 30 months. Each child receiving full-time or part-time care must be counted toward the maximum allowed until that child no longer receives care from the provider, regardless of whether that child is present. For a provider approved under 7 AAC 41.200(d), at least one, and no more than four, of the children must be children who are relatives of the provider.
(d) A provider described in (b) of this section must be at least 18 years of age and must be able to prevent exposure of children to high-risk situations, including exposure to physical hazards and encounters with individuals or animals posing a possible danger.
(e) A provider described in (b) of this section shall
(1) certify that the provider and each person who resides or works in the provider's facility is not prohibited from providing care for children under the standards of 7 AAC 41.205;
(2) provide satisfactory evidence of compliance with the requirements of this section;
(3) ensure that each individual who is in contact with children in the facility
(A) is a responsible individual who exercises sound judgment;
(B) does not abuse a child or engage in an exploitive or sexual act with a child; and
(C) is free of any physical health problem, behavioral health problem, or domestic violence problem that would pose a significant risk to the health, safety, or welfare of children in care; in this subparagraph,
(i) "behavioral health problem" has the meaning given in 7 AAC 57.990(a);
(ii) "domestic violence problem" has the meaning given in 7 AAC 57.990(a).
(4) provide a parent with access to the parent's child when the child is in care;
(5) directly provide care and supervision of children, except that a substitute caregiver for whom the requirements of 7 AAC 41.210(c)(8) are met may provide care, subject to the limits set out in 7 AAC 41.210(c)(9);
(6) provide a level of supervision of each child in care that is appropriate to the child's age and developmental needs and that is adequate to prevent injury;
(7) maintain child attendance records that reflect the dates and time children are in care;
(8) provide daily activities to promote a child's individual physical, social, intellectual, and emotional development, including time for meals, snacks, sleep, toileting, and indoor or outdoor exercise, according to individual needs;
(9) ensure that children in care are not subjected to corporal punishment; in this paragraph, "corporal punishment"
(A) means the infliction of bodily pain as a penalty for a disapproved behavior; and
(B) includes shaking, spanking, delivering a blow with a part of the body or an object, slapping, punching, pulling, and any other action that seeks to induce pain;
(10) administer medication to a child only with permission from the child's parent;
(11) keep emergency information on each child and
(A) contact the child's parent in case of illness or injury; and
(B) immediately report to the department or the designee
(i) the death of a child while in care;
(ii) a serious injury or illness of a child while in care that requires attention by medical personnel outside of the facility; or
(iii) a fire or other emergency situation that affects the facility;
(12) take precautions against the spread of infectious disease by
(A) 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
(i) before food handling, preparation, serving, eating, or table setting;
(ii) after toileting or assisting a child with toileting or diapering;
(iii) after handling an animal, animal waste, or an animal cage;
(iv) before and after giving medication;
(v) before and after participation in moist play, including painting, cooking, or molding clay; and
(vi) if hands are contaminated with a body fluid, including from nose wiping;
(B) encouraging children to wash their hands at similar times described in (A) of this paragraph, as applicable; and
(C) ensuring that children in care have been immunized as required by 7 AAC 57.550(a) - (e);
(13) provide sufficient nutrient so that
(A) a child is fed nutritious meals and snacks according to individual need;
(B) an infant is fed on demand; and
(C) except for medical reasons, a child is not denied a meal or snack, force fed, or otherwise coerced to eat against the child's will; however, mere encouragement to eat, without an element of compulsion, is not prohibited;
(14) meet the environmental health and safety requirements of 7 AAC 41.220;
(15) meet the requirements of 7 AAC 41.225 dealing with diapering if providing care for infants or toddlers;
(16) meet the requirements of 7 AAC 41.230 dealing with first aid kits and instructions;
(17) meet the requirements of 7 AAC 41.235 dealing with certification for first aid and CPR; and
(18) meet the requirements of 7 AAC 41.240 dealing with animals.
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