Editor's note: The regulations in this chapter, effective 6/23/2006, and published in Register 178, replace regulations in 4 AAC 65, which were repealed simultaneously with the adoption of this chapter. The history line at the end of each section does not reflect the history of the replaced provisions before 6/23/2006.
1. Administrative Provisions (7 AAC 41.010 - 7 AAC 41.055)
2. Provisions for Providers (7 AAC 41.200 - 7 AAC 41.260)
3. Provisions for Families (7 AAC 41.300 - 7 AAC 41.370)
12. Parents achieving self-sufficiency (PASS)
15. Responsibilities of designees
30. Enhanced program rate for qualified providers
50. Insufficient appropriations
55. Program participation prohibitions
(a) This chapter applies to the administration of the child care assistance program under AS 47.25.001 - 47.25.095 by the department, or by a designee described in 7 AAC 41.015. This chapter does not apply to
(1) child care grant money administered under 7 AAC 39; or
(2) child care assistance paid under AS 47.27 and 7 AAC 45 as described in 7 AAC 41.012(1), except to the extent that provisions of this chapter are made applicable under 7 AAC 45.
(b) A child care assistance program
(1) means public financing and support for a wide range of child care services, including program benefits and support to parents and providers;
(2) includes day care assistance under AS 47.25.001 and child care assistance under this chapter; and
(3) does not include child care licensing under 7 AAC 57, or child care assistance under AS 47.27 and 7 AAC 45, except to the extent that one or more provisions of this chapter have been made applicable under 7 AAC 45. (Eff. 6/23/2006, Register 178)
The department has designated its child care assistance program as the Parents Achieving Self-Sufficiency (PASS) program, and has created three categories of assistance:
(1) PASS I provides child care assistance as a self-sufficiency service under AS 47.27 and 7 AAC 45 to low income eligible families applying for or receiving ATAP benefits;
(2) PASS II provides child care assistance under AS 47.25 and this chapter to low to moderate income eligible families for the first year after ATAP benefits cease, for purposes of transitioning from ATAP;
(3) PASS III provides child care assistance under AS 47.25 and this chapter to low to moderate income eligible families, regardless of whether the family has received assistance under PASS I or PASS II. (Eff. 6/23/2006, Register 178)
For purposes of this chapter, a family is
(1) one parent, and that parent's children under 18 years of age, living together in a household;
(2) two parents who are married to each other, and the children under 18 years of age of either or both parents, living together in a household; or
(3) the two biological parents of a child who are not married to each other, that child, and any other children under 18 years of age of either of those parents, living together in a household. (Eff. 6/23/2006, Register 178)
(a) The department may designate an entity or a municipal government to administer child care assistance program services within a specified geographic area for PASS II and PASS III families and child care providers under this chapter. A municipality will be given preference over other organizations, as required by AS 47.25.001(b)(2).
(b) If the department designates an entity or municipal government to perform certain functions on the department's behalf, those functions may include one or more of the following:
(1) for providers and for PASS II and PASS III families:
(A) provide program information;
(B) obtain completed applications or renewals;
(C) verify and evaluate information supplied by providers and families for participation in the child care assistance program and payment of benefits related to that participation;
(D) verify that the provider's license or approval is in good standing;
(E) request additional information if necessary to evaluate eligibility;
(F) approve or deny participation in the program;
(G) determine the amount of child care to authorize, including determination of the family contribution toward the eligible cost of care; for a two-parent family, evaluate and discuss with the parents work schedule options, and determine the necessity for more than full-time care;
(H) submit applications, evaluations, decisions, or recommendations, and related reports, to the department upon request;
(I) provide ongoing review for compliance with the applicable provisions of this chapter and refer suspected noncompliance to the department;
(J) determine whether a provider or family becomes ineligible for participation in the program, and, if so, discontinue authorization and payment and issue notice in accordance with 7 AAC 41.405;
(K) except as provided in (e) of this section, receive and process complaints;
(2) regarding approved providers, in addition to (1) of this subsection:
(A) obtain documents and review information related to criminal history background checks in accordance with 7 AAC 41.205;
(B) as necessary, request the department to review information obtained under 7 AAC 41.205;
(C) monitor providers for compliance with the applicable health and safety standards of this chapter.
(c) A designee shall refer a provider subject to licensure under AS 47.32 and 7 AAC 57 to the department.
(d) A designee shall deny or discontinue a family's or a provider's participation in the program if the family or provider is ineligible under AS 47.25.001 - 47.25.095 or this chapter. Subject to 7 AAC 41.405, the designee shall mail to the provider or family, as applicable, a written determination of denial or discontinuance of participation in the program and a notice of request for administrative review form. Under 7 AAC 41.415 and 7 AAC 41.430, a designee may submit to the department a recommendation regarding any change in program participation based on noncompliance with AS 47.25.001 - 47.25.095 or this chapter.
(e) A designee shall immediately report to the department any noncompliance with an applicable health and safety requirement of this chapter. The department will evaluate the report and, if the department determines that an investigation is warranted,
(1) conduct the investigation;
(2) develop a plan with the designee for a coordinated investigation; or
(3) authorize the designee to conduct the investigation and submit a report and recommendation to the department.
(f) The department may separately approve, deny, monitor, and investigate providers and families, regardless of whether a designation has been made under this section.
(g) If the designation under this section is accomplished through a grant or contract, the designee shall administer its grant or contract in compliance with this chapter, other applicable state or federal law, and the grant or contract, regardless of whether the designee has subcontracted administrative duties to a subcontractor. Any subcontract must require the subcontractor to administer the subcontract in compliance with this chapter, and other applicable state or federal law.
(h) A designee shall use forms prescribed by the department to administer the child care assistance program unless the department authorizes, in writing, the use of another form that provides the same information as the prescribed form. (Eff. 6/23/2006, Register 178)
(a) For purposes of calculating a family's program benefits under 7 AAC 41.345, the program rate for each category of care authorized for a child is established in the department's Child Care Assistance Program Rate Schedule, revised as of April 1, 2006, and adopted by reference. The rates in the schedule are set out by type of facility licensed under 7 AAC 57 or approved under this chapter, category of care, and political subdivision or geographic area.
(b) The categories of care differentiate by age group of the child and by whether the care is provided on an enrollment or an attendance basis. The categories of care include
(1) preschool age child, school age child, infant, and toddler, as those terms are defined in the schedule for purposes of the schedule;
(2) full-time and part-time monthly enrollment; and
(3) full-day, partial-day, and hourly attendance.
(c) The program rates in the schedule are based on the following standards:
(1) to ensure that eligible families have equal access to child care services comparable to child care provided to families that are not eligible to participate in the program; if the full range of providers is available in a community, a choice of the full range of providers is available to eligible families; in this paragraph, "full range of providers" includes a child care center, child care home, child care group home, and in-home child care; and
(2) to ensure that program rates are adequate, as follows:
(A) rates are based on availability of appropriations and on market conditions, using information obtained by the department through a market rate survey of child care providers in the state;
(B) for a political subdivision or geographic area, rates are a percentile, up to the 75th percentile, of the rates of a representative sample of child care providers in that political subdivision or geographic area or in a similar one; and
(C) for a political subdivision or geographic area, rates may be adjusted by the department to
(i) expand capacity for child care;
(ii) address factors indicating a shortage of available care, such as care for infants, children with disabilities or with special needs as described in 7 AAC 57.940, or children of parents who work during nontraditional hours; and
(iii) address market imperfections, including situations in which the market rate is below the actual cost of care.
(d) The maximum payment for a child during a month is equal to the full-time monthly enrollment rate plus the part-time monthly enrollment rate for the category of care and the type of facility where care is provided. If the child uses two types of facilities, the rate for the facility the child is in for the most time applies.
(e) A child with special needs as described in 7 AAC 57.940 who is under 13 years of age may qualify for a supplemental program rate as determined by the department. In a child care authorization, the department will or a designee may authorize a supplement to program rates under this subsection only if
(1) the child's special needs are documented by a health professional; and
(2) the provider establishes, in consultation with the child care resource and referral agency assisting the family, on a form prescribed by the department, that the child requires additional services due to the child's special needs, and that those services have an additional cost; in this paragraph, "child care resource and referral agency" means an entity that
(A) assists families in finding child care;
(i) improve the quality of child care; and
(ii) increase the availability of child care; and
(C) assists in child care planning for the agency's service area.
(f) If child care is provided in the child's own home, the program rate for an approved in-home child care provider is the rate for an approved provider shown on the department's schedule set under this section.
(g) The total eligible cost of care for a family choosing in-home child care is limited to a monthly maximum that is equal to two times the minimum hourly wage established under AS 23.10.065, multiplied by 210. (Eff. 6/23/2006, Register 178)
Authority: AS 47.25.001 AS 47.25.041
Editor's note: A copy of the Child Care Assistance Program Rate Schedule, adopted by reference in 7 AAC 41.025, is available from the Child Care Program Office, Department of Health and Social Services, 619 E. Ship Creek Avenue, Suite 230, Anchorage, Alaska 99501-1677.
(a) To promote access by families participating in the child care assistance program to the highest quality of child care, and subject to the availability of appropriations, the department will increase the program rate paid to a facility described in 7 AAC 41.200(a)(1) - (3), if the department determines the facility is qualified under this section. Unless available appropriations require a smaller increase, the department will increase the program rate by 10 percent above the program rate established in the schedule under 7 AAC 41.025 if the facility's current rate charged for child care is equal to or exceeds the enhanced rate.
(b) A facility may apply to be eligible for the enhanced program rate under this section using a form prescribed by the department. For a facility to be eligible under this section,
(A) be currently accredited by the National Association for the Education of Young Children, the National Association of Family Child Care, or the National Afterschool Alliance; or
(B) provide documentation showing that at least 40 percent of the staff who work with children in the facility have been employed in the facility for at least one year; those staff members must also
(i) meet or exceed level one requirements of the System for Early Education Development (SEED) program administered through the University of Alaska; and
(ii) complete at least five hours of training each year over and above the annual licensing training requirements for each individual;
(2) the facility may not have been the subject of a licensing enforcement action under AS 47.32 within the previous 12 months;
(3) the facility may not have three or more violations of a single requirement within 12 months of the first violation, or continued violations of two or more requirements in the previous 12 months;
(4) the facility may not be on a first year or provisional license; and
(5) all staff who work with children in the facility must participate in the SEED registry if available.
(c) If the department determines that a facility is not qualified under (b) of this section, the facility may reapply every six months.
(d) The department will annually evaluate each facility receiving an enhanced program rate under this section to determine whether the facility continues to be qualified under (b) of this section.
(e) Within 30 days after issuing a written notice to the facility, the department will discontinue an enhanced program rate under this section if appropriations are no longer available or if the facility ceases to meet the standards of (b) of this section. If the discontinuance is for failure to meet the standards of (b) of this section, the notice will advise the facility of the right to request an administrative review under 7 AAC 41.435.
(f) In this section, "SEED" means System for Early Education Development. (Eff. 6/23/2006, Register 178)
Authority: AS 47.25.001 AS 47.25.041
Editor's note: Information regarding requirements of the System for Early Education Development (SEED) program referred to in 7 AAC 41.030 is available from the University of Alaska Southeast, Bill Ray Center, Professional Education Center, 1108 F Street, Juneau, AK 99801. Additional information is available at the following website: http://seed.alaska.edu/aboutseed.html.
(a) For a child whose authorized category of care is for monthly enrollment, child care costs are paid based on the monthly enrollment rate established in the program rate schedule under 7 AAC 41.025, except that the department will or a designee may apply an attendance rate under that schedule if the family
(1) becomes ineligible for program participation during the month; or
(2) leaves the participating provider during the month and a written 14-day notice was given or received or was mutually waived.
(b) For a child whose authorized category of care is for monthly enrollment, the department will not make payment to the provider for a month during which the child was not ever in the provider's care. If the child was in care for five or fewer days during a month, the following month's authorization will revert to an attendance basis. (Eff. 6/23/2006, Register 178)
(a) For a child whose authorized category of care is for daily or hourly attendance, the department will pay child care costs based on the
(1) attendance rate established in the department's Child Care Assistance Program Rate Schedule, adopted by reference in 7 AAC 41.025;
(2) child's actual attendance at the facility; and
(3) schedule of eligible activities of the parents of the family under 7 AAC 41.310.
(b) The department will pay an attendance authorization based on the monthly enrollment rate when a child's actual attendance at the facility, based on a five-day-a-week schedule, is 17 or more days during a month. Care provided beyond the five-day-a-week schedule will be paid at the daily rate in addition to the enrollment rate.
(c) An attendance authorization may be used to authorize care in addition to an enrollment rate as specified in the authorization issued under 7 AAC 41.340. (Eff. 6/23/2006, Register 178)
(a) If the department determines that available appropriations are insufficient to provide full program benefits for participating families or to add new eligible families, the department may take one or more of the following actions:
(1) terminate, or require a designee to terminate, program benefits for one or more participating families;
(2) limit the activities eligible for a program benefit under 7 AAC 41.310(2) - (6);
(3) establish a wait list under (d) of this section;
(4) reduce, or require a designee to reduce, program benefits for all participating families, by a percentage that is based on any shortfall in available appropriations.
(b) In complying with (a)(1) of this section, the highest priority for retention in the child care assistance program will be given to a participating family lowest on the department's Family Income and Contribution Schedule, adopted by reference in 7 AAC 41.335, prioritized by lowest income by family size within each of the two categories described in (d)(1) and (2) of this section.
(c) If a designee develops a plan as an alternative to (a) and (b) of this section, the designee may submit that plan to the department for approval. If the department approves the plan, the approval constitutes a waiver of the requirements of (a) and (b) of this section for affected participants for the duration of the approved plan.
(d) Subject to (f) of this section, if the department establishes a wait list under (a)(3) of this section, the wait list must prioritize eligible families for participation in the program, as follows:
(1) the highest priority is given to families in which a single parent is, or both parents are
(B) attending school, if the department has paid child care assistance for full-time student status for less than five years;
(2) the next priority is given to families in which a parent is
(B) attending school, if the department has paid child care assistance for full-time student status for five years or more.
(e) A parent is attending school if the parent is participating in an educational or training program. An educational program is a structured learning environment in which an instructor or teacher leads students through a course of study that includes specific learning objectives, goals, and standards, and leads to a certificate of mastery or completion, a state license, a diploma, or a degree. A training program is a structured learning environment for participants that has specific learning objectives, identified skills to be mastered, a beginning date, and an ending date.
(f) Within each of the categories set out in (d) of this section, families will be prioritized by the lowest percentage of state median income for family size, calculated under 7 AAC 41.325, using the department's Family Income and Contribution Schedule, adopted by reference in 7 AAC 41.335. If all other priorities are equal, families will be prioritized by date of program application, with the longest standing application receiving highest priority.
(g) A family that includes one or more of the following individuals will not be placed on a wait list, but will immediately receive benefits upon a determination of eligibility:
(1) a new child of a participating family;
(2) a child with special needs who is determined to be eligible under 7 AAC 41.025(e); benefits will be limited to the child with special needs;
(3) a child with parents who are less than 20 years of age and who are enrolled in a high school completion program;
(4) a child of a family that has left a temporary assistance program within the last 12 months because of employment.
(h) If the department establishes a wait list under (a)(3) of this section, a designee shall add eligible families to the list in accordance with (f) and (g) of this section. On the date the department notifies designees statewide that the wait list is to be processed, each designee shall begin to process, and the department will close, the wait list. Designees shall place families determined to be eligible for participation in the program on or after that date on a secondary list. The department may add families placed on the secondary list within the past 12 months to the wait list in accordance with (f) and (g) of this section.
(i) When a wait list is processed, the department will or the designee shall determine whether a family continues to meet all program eligibility requirements, and whether the family's placement on the wait list is correct with regard to current family income. (Eff. 6/23/2006, Register 178)
A provider or family that is otherwise eligible for child care assistance payments or benefits under this chapter is prohibited from participating in the program if
(1) the provider or a parent has been debarred or suspended in accordance with 45 C.F.R. Part 76; or
(2) if one or more of the parents in a family is determined to be ineligible for a reason set out in 7 AAC 41.450. (Eff. 6/23/2006, Register 178)
Authority: AS 47.25.001 AS 47.25.021 AS 47.25.031
Editor's note: A list of persons referred to in 7 AAC 41.055 who are precluded from participation because of debarment or suspension in accordance with 45 C.F.R. Part 76 is available at http://www.epls.gov/.
200. Provider eligibility; application requirements
205. Child protection and criminal history check requirements
210. Provider responsibilities
215. General health and safety requirements
220. Environmental health and safety requirements
230. First aid kit and procedures
235. Certification for first aid and CPR
250. Billing statements; payment
(a) Unless a provider is precluded from participation under 7 AAC 41.055, the department will or a designee shall authorize a provider to participate in the child care assistance program under this chapter if the provider meets the applicable requirements of this chapter and has
(1) a current license issued by the department under AS 47.32 and 7 AAC 57 to operate a child care facility; for purposes of this paragraph, "current license" includes a child care facility license extended under AS 47.32.060(c);
(2) a current accreditation or certification from a national accreditation group for a day camp or similar facility or program, as described in 7 AAC 57.015(11);
(3) a current certificate or other approval granted by the United States Department of Defense or the United States Coast Guard;
(4) a current certificate or other approval granted by a tribal entity with provider standards that meet or exceed the standards of this chapter;
(5) approval of the department or a designee under (d) or (e) of this section; or
(6) approval of the department or a designee under 7 AAC 41.370.
(b) A provider who wishes to participate in the child care assistance program under this chapter must submit to the department or designee a child care provider rates and responsibilities form described in (g)(4) of this section.
(c) A provider exempt from licensure under 7 AAC 57.015(7), (8), or (9) may apply to the department as described in (d), (e), or (f) of this section, as applicable, for approval to participate in the child care assistance program under this chapter. The department may forward the application to a designee for review.
(d) A provider exempt from licensure under 7 AAC 57.015(7) may apply for approval to participate in the child care assistance program under this chapter if the provider regularly provides care outside of the child's own home for no more than four children who are not a relative of the provider. If the provider is also caring for one or more children who are a relative of the provider, including the provider's own children, the provider may care for no more than a total of five children. A provider described in this subsection may be approved for participation in the program for up to one year. The department may extend the approval for the purpose of processing an application for voluntary licensure. At least 90 days before an approval expires, the provider must submit to the department a complete application for licensure under 7 AAC 57 if the provider intends to continue providing care for children who are not a relative of the provider, regardless of whether the provider is caring for those children at that time.
(e) A provider exempt from licensure under 7 AAC 57.015(8) may apply for approval to participate in the child care assistance program under this chapter if the provider regularly provides care outside of the child's own home for no more than five children, all of whom are a relative of the provider. If the provider is also providing care for the provider's own children, those children must be counted toward the maximum allowed. A provider described in this subsection will be approved for participation in the program biennially. A parent will not be approved for participation in the program if that parent is providing care only for that parent's children.
(f) A provider exempt from licensure under 7 AAC 57.015(9) may apply for approval as an in-home child care provider under 7 AAC 41.370(d).
(g) An application for approval under (d) or (e) of this section must contain the following information on a form prescribed by the department:
(1) the name, social security number, mailing address, physical address, if different from the mailing address, telephone number, facsimile number, if any, electronic mail address, if any, and a copy of a government-issued photo identification of the applicant;
(2) verification that the applicant is the only individual providing child care or, if the applicant intends to use the services of a substitute caregiver, the submission must include
(A) a separate application for each substitute caregiver, as required under 7 AAC 41.205(b)(1) - (2), that includes a
(i) signed release of information authorization to review criminal history information; and
(ii) copy of the criminal justice report; and
(B) verification that the substitute caregiver has read and understands the provider's responsibilities under this chapter, and is capable of fulfilling those responsibilities in the provider's absence;
(3) the name of each person who resides in the facility where child care is provided and that person's relationship to the applicant, including whether that person will be a child in the applicant's care;
(4) a completed and signed child care provider rates and responsibilities form, prescribed by the department, that includes the applicant's current rates, and other routine child care charges, and that certifies compliance with 7 AAC 41.210;
(5) verification of compliance with 7 AAC 41.205 and 7 AAC 41.215;
(6) as required under 7 AAC 41.205(b), the
(A) signed release of information authorizations to review criminal history information; and
(B) copies of criminal justice reports;
(7) other information required by the department to determine whether the applicant meets the applicable requirements of this chapter.
(h) If the department or designee determines that the applicant meets the applicable requirements of this chapter, the department will or the designee shall authorize the provider to participate in the child care assistance program.
(i) If an applicant fails to meet any applicable eligibility requirement of this chapter, the department will or a designee shall issue a written denial of participation in the program. If the department or designee denies participation in the program, the applicant may request an administrative review under 7 AAC 41.435.
(j) If a provider fails to maintain eligibility status under this chapter, the department will issue a written notice of termination from the program and advise the provider of the right to request an administrative review under 7 AAC 41.435. (Eff. 6/23/2006, Register 178)
7 AAC 41.205. Child protection and criminal history check requirements.
(a) To participate in the child care assistance program under this chapter, a licensed provider must meet the applicable requirements of 7 AAC 57.315 (Child Protection and Criminal History Check Requirements). A provider described in 7 AAC 41.200(a)(2), (3), or (4) must meet the applicable child protection and criminal history check requirements of the accrediting, certifying, or approving agency.
(b) To participate in the child care assistance program under this chapter, a provider seeking approval under 7 AAC 41.200(d) or (e) must submit to the department or designee, for the provider and for each individual age 16 or older in contact with children in care,
(1) a signed release of information authorization to review criminal history information that will authorize the review of
(A) criminal justice information;
(B) juvenile justice information for individuals age 16 to 20 under AS 47.12.310(e);
(C) protective records developed under AS 47.17; and
(D) child care licensing records; and
(2) for each adult, a copy of the criminal justice report from the Department of Public Safety with criminal justice information at the level available to an interested person under AS 12.62.160(b)(9); if the provider is in a community that does not have a state trooper's office, and does not have another means of obtaining the report, the department will obtain the report, based on information supplied on each signed release.
(c) An individual may not work in the facility, with or without compensation, or reside in the facility or in any other part of the premises that house a facility where child care is provided if the individual has the opportunity to gain access to the facility and
(1) is the alleged perpetrator of an incident of child abuse or neglect within the meaning given in AS 47.17.290 for which the department finds that
(A) available evidence substantiates the allegation; or
(B) available information demonstrates the individual's inability to adequately provide care and supervision to children and to meet the requirements of this section;
(2) was the subject of prior adverse licensing action of the kind described in AS 47.32.140(d)(5) - (7); or
(A) within the previous 10 years, charged with, convicted of, found not guilty by reason of insanity for, or adjudicated as a delinquent for a misdemeanor crime of assault, reckless endangerment, misconduct involving a controlled substance, or perjury, as defined in AS 11 or similar laws of another jurisdiction; or
(B) at any time charged with, convicted of, found not guilty by reason of insanity for, or adjudicated as a delinquent under the following laws or similar laws of another jurisdiction:
(i) an offense against the family and vulnerable adults under AS 11.51;
(ii) perjury under AS 11.56.200;
(iii) a serious offense as defined in AS 12.62.900;
(iv) an offense listed in AS 47.05.310(c).
(d) An individual having contact with children in a child care facility may not abuse a child or engage in any exploitive or sexual act with a child.
(e) The department or designee may require an individual in contact with children in the facility to provide an evaluation from a probation officer, health professional, or mental health professional affirming that the individual is free from problems that might pose a significant risk to the health, safety, or welfare of a child in the facility.
(f) For purposes of (b) of this section, an individual in contact with children in care is an individual who has the opportunity to gain access to the part of the facility where child care is provided, a member of the provider's household, or an individual residing in any part of the facility where child care is provided, but does not include
(1) a parent of a child in care, unless the parent is a caregiver or a member of the provider's household;
(2) a parent's designee to drop off and pick up a child in care, unless the designee is a caregiver;
(3) an official or individual providing support services to the child care facility or to a child in care for fewer than five hours a week, such as an infant learning teacher, an attendant for a child identified as having special needs under 7 AAC 57.940, a licensor, fire marshal, or a food services sponsor;
(4) delivery service personnel;
(5) installation, maintenance, and repair service personnel for a period of less than two weeks;
(6) the occasional visit of an individual who has an ownership or management interest in the facility;
(7) an occasional guest in a child care facility;
(8) an individual residing in any part of the premises that house a child care facility, if that individual has direct access from the individual's residence to the facility, and the individual remains or intends to remain in the residence for less than 45 days, in total, in any 12-month period, and is not a caregiver; or
(9) an individual coming into incidental contact with children during an outing away from the child care facility.
(g) An individual who resides in any part of the premises housing the provider is an individual who dwells continuously in, or legally occupies the premises housing the provider as evidenced by
(1) the individual's address on the individual's permanent fund dividend received under AS 43.23, driver's license, fishing or hunting license, or other official record; or
(2) observation by another individual of the individual occupying the premises housing the provider.
(h) An individual under (g) of this section who has direct access from the individual's residence to the premises housing the provider and remains or intends to remain in the residence for 45 days or more, in total, in any 12-month period, is a member of the provider's household.
(i) An individual who has the opportunity to gain access to the part of the facility where child care is provided is an individual who has the ability, right, or permission to enter, exit, or make use of that part during the hours of operation. (Eff. 6/23/2006, Register 178)
(a) Except for a provider subject to 7 AAC 41.370, a participating provider shall
(1) at or before a child's admission for care, obtain emergency information about the child from the child's parent, including
(A) information about any drug or other allergies;
(B) information about any medication the child is taking or medical or other treatment the child requires;
(C) information on how to contact the child's parent and at least one other local emergency contact individual;
(D) permission slips on a form prescribed by the department, signed by the parent, for emergency transport to a health care facility and for the provision of emergency care and treatment; and
(E) the name of a hospital and physician of choice as designated by the parent;
(2) maintain the information obtained under (1) of this subsection on a form prescribed by the department; and
(3) review and update information obtained under (1) of this subsection at least semi-annually, and more often if a parent provides changed or additional information.
(b) A provider may not admit a child if that child's admission would place the provider beyond the conditions of approval to participate in the child care assistance program under this chapter.
(c) Except for a provider subject to 7 AAC 41.370, a participating provider
(1) shall provide complete, accurate, and current information regarding any factor that would affect eligibility to participate in the child care assistance program under this chapter;
(2) shall remain in compliance with the applicable requirements of this chapter; in addition, a provider subject to the licensing requirements of 7 AAC 57 shall remain in compliance with the applicable requirements of that chapter; a provider described in 7 AAC 41.200(a)(2), (3), or (4) shall remain in compliance with the applicable requirements of the accrediting, certifying, or approving agency;
(3) may not exclude a participating family from any discount rate offered by the provider;
(4) shall provide written notice of any rate increase to the department or designee and to participating families at least 30 days before the increase will take effect;
(5) must have a valid authorization before billing the department for services under this chapter;
(6) shall immediately notify the department regarding any circumstance that involves abuse, harm, or serious risk of harm to children in care;
(7) shall give written notice to the department or designee and to a participating family at least 14 days before child care services are discontinued;
(8) shall ensure that any substitute caregiver whose services are used by the provider has been determined by the department or designee to be eligible under the standards of 7 AAC 41.205, and has signed the verification described in 7 AAC 41.200(g)(2); the requirements of this paragraph do not apply to a substitute caregiver whose services are used during an emergency; and
(9) shall ensure that a substitute caregiver does not provide care for more than 30 days in any 12-month period unless prior approval has been received from the department or designee; a provider seeking prior approval must submit a written request that sets out the reasons for the substitute caregiver providing care for more than 30 days; the department will or the designee shall approve the request if a determination is made that the health, welfare, and safety of children in care will be protected. (Eff. 6/23/2006, Register 178)
(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 determined by the department or a designee to be eligible under the standards of 7 AAC 41.205 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 nutrition 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. (Eff. 6/23/2006, Register 178)
(a) A licensed provider must meet the applicable requirements of 7 AAC 10.1000 - 7 AAC 10.1095. A provider described in 7 AAC 41.200(a)(2), (3), or (4) must meet the applicable environmental 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) and (d) of this section to be approved for participation in the program.
(c) In addition to the other health and safety requirements of this chapter, a provider described in (b) of this section shall ensure basic environmental health and safety by meeting the requirements of this section. The provider shall
(1) submit to the department or designee a copy of the provider's disaster preparedness and emergency evacuation plan that ensures the complete evacuation of children, including children with limited mobility, within 150 seconds during an emergency; for the purpose of this paragraph, the emergency evacuation plan must be on a form prescribed by the department, and must include procedures for fire and other emergency situations or natural disasters that may affect the facility including tsunamis, earthquakes, and flooding emergencies;
(2) conduct and document emergency evacuation drills at least once a month, unless postponed due to severe weather;
(3) have at least two means of emergency escape that are remote from each other and that provide unobstructed access to the outside of the building; at least one means of emergency escape must be an exterior door; if a window is used as one means of emergency escape, the window must be fully opening and allow easy egress from the building;
(4) have at least one working smoke detection device that is less than 10 years old, or newer if necessary to comply with the manufacturer's recommended replacement date, and that is
(A) an AC primary power smoke detection device, with battery backup; in this subparagraph, "AC" means alternating current; or
(B) a monitored battery powered smoke detection device;
(5) have at least one fully charged 2A:10BC dry chemical fire extinguisher strategically located on each level of the facility and ensure that each fire extinguisher is inspected, tested, and serviced according to the requirements of 13 AAC 50.025(47);
(6) if the facility uses oil, wood, natural gas, or propane as a heating or cooking fuel, ensure that an operating carbon monoxide detector is installed in each hallway outside of, or within, each sleeping area, and ensure that each device is regularly inspected, tested, and serviced; in addition, for a multi-level facility, at least one operating carbon monoxide detector must be installed on each level;
(7) maintain an ample supply of potable water;
(8) provide and maintain clean and sanitary toilet facilities and ensure that in each toilet room
(A) at least one easily cleanable waste receptacle is provided; if soiled diapers are kept in a waste receptacle until disposed of, that waste receptacle must be covered;
(B) toilet tissue is provided from a wall-hung or protected container at each toilet;
(C) if partitions are used between toilets, each partition is raised at least 12 inches from the floor and is smooth and easily cleanable;
(D) each step stool, if provided, has a nonslip tread made of a water-impervious, durable material;
(E) each floor and wall is covered with smooth, durable, nonabsorbent, easily cleanable material; and
(F) each toilet lid, seat, and handle and each handsink is kept clean and sanitary;
(9) take necessary precautions to keep the facility free of hazards that can cause injury or disease to children inside or outside of the building; the provider shall
(A) maintain the facility premises and the grounds surrounding the facility in a clean, sanitary, and safe condition;
(B) maintain sanitary facilities for proper care, storage, refrigeration, and preparation of food;
(i) for purposes of AS 17.20.020, food served is not adulterated; and
(ii) fruits and vegetables are thoroughly washed with potable water before use;
(D) install and maintain hot water temperature controls to plumbing fixtures accessible to children to ensure that the maximum temperature is no less than 100 degrees Fahrenheit, and no more than 120 degrees Fahrenheit;
(E) store cleaners, medicines, and other harmful substances in a place inaccessible to children;
(F) provide furniture and play equipment that is durable, safe, easily cleanable, and kept clean and in good repair;
(G) ensure that solid waste is conveyed, stored, and disposed of in a manner that minimizes the development of odor, and prevents waste from attracting and harboring pests;
(H) install and use safety gates to prevent access to stairs if infants or toddlers are in care;
(I) install outlet covers in electrical outlets that are not in use and that are accessible to children under age five; and
(J) ensure that the facility is free of hazards, including splintered surfaces, sharp edges, protruding corners, broken or hazardous toys, steep stairways, ice on walkways, and unsafe play areas;
(10) maintain a functional telephone or other identified means of communication;
(11) if child care is provided in a residence,
(A) maintain an environment that is free of smoke; however, nothing in this subparagraph prohibits the operation of a fireplace, woodstove, pellet stove, or other source of heat in a manner that does not threaten the health or safety of children in care;
(B) ensure that medications and alcohol are not accessible to children in care; and
(C) ensure that alcohol and illegal controlled substances are not used during the hours that children are in care; in this subparagraph, "controlled substance" means a drug, substance, or immediate precursor included in the schedules set out in AS 11.71.140 - 11.71.190;
(12) transport children in safe, smoke-free vehicles and use appropriate child restraints in each vehicle as follows:
(A) each individual must be restrained with an individual seat belt or age-appropriate child safety device as required by AS 28.05.095;
(B) only one individual may occupy each seat belt or child safety device; and
(C) children may not occupy the front seat if the vehicle is equipped with an operational airbag on the passenger side.
(c) A provider described in (b) of this section shall ensure that any firearms are unloaded and stored in a locked gun safe or other locked place that is not visible or accessible to children. The provider shall also ensure that ammunition is stored separately from the firearms in a place that is inaccessible to children. The provider shall inform each parent that firearms are present in the facility. (Eff. 6/23/2006, Register 178)
(a) A licensed provider must meet the requirements of 7 AAC 10.1060(d) and (e) and 7 AAC 57. A provider described in 7 AAC 41.200(a)(2), (3), or (4) must meet the applicable diapering requirements of the accrediting, certifying, or approving agency.
(b) A provider described in 7 AAC 41.200(d) or (e) who provides care for infants or toddlers shall use safe and sanitary equipment and supplies for diapering where infants and toddlers are in care, including easy accessibility for the caregiver to wash the caregiver's hands each time after changing a diaper. The provider shall ensure that
(A) is not located in a food preparation area and is not used for temporary placement or serving of food;
(B) has one accessible handsink located in, or immediately adjacent to, that area;
(2) each surface used for changing diapers is smooth, durable, nonabsorbent, and easily cleanable;
(3) sufficient quantities of clean diapers are available and are neatly stored;
(4) nonlatex gloves and handwashing supplies are available to prevent contamination, and are used in conjunction with the precautions described in 7 AAC 41.215(e)(12);
(5) for soiled clothing or cloth diapers, solid waste contents are disposed of by dumping the contents into a toilet and placing the diapers, without rinsing, in
(A) an impervious bag to be given to the parent for laundering, if applicable; or
(B) an easily cleanable, covered container that is
(ii) designed to prevent the caregiver from contaminating the exterior surface of the container or the caregiver when inserting the soiled diaper,
(iii) designed with a firm-fitting cover;
(iv) provided within the caregiver's reach of the diaper changing area; and
(v) emptied, cleaned, and sanitized daily;
(6) each diaper changing surface is cleaned and sanitized after each use; if a single-use, disposable cover is placed on the diapering surface before diapering, that cover must be disposed of immediately after diapering; the use of a cover does not preclude or substitute for cleaning and sanitizing the surface or area after each use even if the surface or area is not visibly contaminated;
(7) after a soiled disposable diaper is removed, it is folded inward and resealed before disposal into a container described in (5)(B) of this subsection;
(8) if single-use, disposable wipes are used during diapering, the disposable wipes are discarded after use; if a nondisposable cloth is used, that cloth must be placed immediately, without rinsing, in
(A) an impervious bag to be given to the parent for laundering, if applicable; or
(B) a container described in (5)(B) of this subsection; and
(9) diaper changing supplies, including containers of cream and lotion, are kept clean and sanitary; and
(10) children do not handle diaper changing supplies. (Eff. 6/23/2006, Register 178)
(a) A licensed provider must meet the requirements of 7 AAC 10.1075 and 7 AAC 57. A provider described in 7 AAC 41.200(a)(2), (3), or (4) must meet the applicable requirements of the accrediting, certifying, or approving agency with respect to first aid kits and procedures.
(b) A provider described in 7 AAC 41.200(d) or (e) shall review and either post or make readily available first aid and CPR instructions. The provider shall post emergency telephone numbers, including the number for the poison control center, near the telephone. The provider shall maintain
(1) at least one first aid kit as described in (d) of this section that is kept at the facility;
(2) at least one additional first aid kit as described in (d) of this section for field trips or outings away from the facility; for a field trip or outing away from the facility, and for each child participating in the trip or outing, the kit must include
(A) emergency child record information as required by 7 AAC 41.210(a); and
(B) written parental permission for use of medication; only medication that is or may be needed during a field trip or outing may be included in first aid kit, and only for the length of the field trip or outing; and
(3) an abbreviated first aid kit for a neighborhood walk of 30 minutes or less; a provider may use the kit described in (2) of this subsection for a neighborhood walk if the kit is not needed for a field trip or outing, and if a kit described in (d) of this section will be kept at the facility; for purposes of this paragraph, an abbreviated kit must contain, at a minimum, the following items:
(A) disposable nonporous, nonlatex gloves;
(G) a CPR barrier device or mask;
(I) emergency child record information as required by 7 AAC 41.210(a);
(J) medication that may be needed on the walk.
(c) The provider shall restock each first aid kit after use to ensure that the kit complies with this section.
(d) Except for an abbreviated kit allowed under (b)(3) of this section, each first aid kit must include the following items, checked regularly to ensure that any expiration date is not exceeded, and kept within a container that will hold all of the items:
(1) disposable nonporous, nonlatex gloves;
(2) sealed packages of alcohol wipes or antiseptic for thermometer cleaning only;
(13) a note pad with a pen or pencil;
(14) activated charcoal, for use only under the direction of a poison control center or another medical professional;
(16) a current American Academy of Pediatrics or American Red Cross standard first aid text or equivalent first aid guide;
(17) a CPR barrier device or mask;
(18) the telephone number for the poison control center;
(a) A provider licensed under 7 AAC 57 shall meet the requirements of 7 AAC 57.350(e). A provider described in 7 AAC 41.200(a)(2), (3), or (4) must meet the applicable requirements of the accrediting, certifying, or approving agency with respect to certification for first aid and CPR.
(b) Except when a substitute caregiver is providing care in a child care home for a period of 30 days or less, a provider approved under 7 AAC 41.200(d) or (e) shall, within six months after being approved, obtain a valid certification for first aid and age-appropriate CPR, unless the courses for these certifications are not available within 60 miles by road of the provider. A current certification as a certified emergency medical or trauma technician satisfies the requirements of this subsection. If certification courses are not available, the provider shall
(1) receive instruction in first aid and age-appropriate CPR procedures through distance learning training videos and other materials approved by the department; and
(2) complete and pass the first available first aid and CPR certification course offered within 60 miles by road of the provider. (Eff. 6/23/2006, Register 178)
(a) A provider licensed under 7 AAC 57 shall meet the requirements of 7 AAC 10.1090. A provider described in 7 AAC 41.200(a)(2), (3), or (4) must meet the applicable requirements of the accrediting, certifying, or approving agency with respect to the presence of animals in the facility.
(b) A provider described in 7 AAC 41.200(d) or (e) shall
(1) ensure that any animal kept in the facility has no communicable disease, has all immunizations required under state and federal law, and is free of internal and external parasites; if immunizations are required, the provider must show proof of compliance to the department or a designee upon request;
(2) inform parents of children in care of any animal present in the facility;
(3) disclose to the department information regarding any animal in the facility, if that animal has
(A) been the subject of a past contact with an animal control official because of aggressive behavior or biting; or
(B) a history of aggressive behavior or biting, regardless of whether the animal has been the subject of a past contact with an animal control official;
(4) notify the department within 24 hours of any occurrence of aggressive behavior or biting by an animal in the facility, including whether the occurrence resulted in a contact with an animal control official;
(5) immediately remove from contact with children in care, an animal described in (3) or (4) of this subsection; and
(6) permanently remove from the facility an animal described in (3) or (4) of this subsection, if the department determines that the animal is a threat to the life or safety of children in care. (Eff. 6/23/2006, Register 178)
(a) Except for a provider subject to 7 AAC 41.370, a participating provider shall ensure that a rate charged by a provider to a family participating in the program is not higher than the rate charged to other families for the same service. A rate charged by a provider to a participating family must be a rate submitted under 7 AAC 41.200(g)(4).
(b) If a participating provider has a discounted rate for families that meet the provider's requirements for that rate, the provider shall offer the discounted rate to all participating families meeting those requirements.
(c) A provider approved under 7 AAC 41.200(d) or (e) may not charge a registration fee to a participating family. (Eff. 6/23/2006, Register 178)
(a) Except for a provider subject to 7 AAC 41.370, a participating provider shall submit billing statements and any corrections to those statements to the department or to the designee, as determined by the department, as follows:
(1) for the first 10 months of a state fiscal year, no later than the last day of the third month following the month in which the charges were incurred;
(2) for the last two months of a state fiscal year, no later than 31 days after the end of the fiscal year.
(b) Payment will not be made for a billing statement or a correction to a billing statement that is submitted later than the applicable deadline set in (a)(1) or (2) of this section.
(c) PASS II payments may be made outside the timeframes in (a) of this section for a parent transitioning from PASS I to PASS II, if necessary to avoid a break in service. (Eff. 6/23/2006, Register 178)
Except for a provider subject to 7 AAC 41.370, a participating provider shall retain for at least three years, and shall make available for inspection during normal business hours upon request of the department or designee,
(1) each license or permit required for operation;
(2) copies of rates and responsibilities forms;
(3) facility monthly billing statements; and
(4) daily attendance records that reflect the time children are in care. (Eff. 6/23/2006, Register 178)
300. Family program eligibility
305. Family eligibility determination
325. Family income determination
335. Family income and contribution schedule
345. Payment of program benefits
360. Allowable absence: single-parent family
365. Allowable absence or incapacity: two-parent family
(a) Unless one or more of the parents in a family is determined to be ineligible for a reason set out in 7 AAC 41.450, and except as provided in (b) of this section, a family is eligible to participate in the child care assistance program if each parent in the family, except as specified in 7 AAC 41.365, is participating in an eligible activity under 7 AAC 41.310, and the family's monthly income is at or below the maximum allowed under 7 AAC 41.335.
(b) The family of an owner of a child care facility may not receive program benefits during the hours of operation of any facility owned by that person. (Eff. 6/23/2006, Register 178)
(a) The department will or a designee shall determine family eligibility to participate in the child care assistance program under AS 47.25.021, 47.25.031, and this chapter. The department will or a designee shall determine family eligibility at least once every six months, on the basis of a family's documented eligibility under AS 47.25.021, 47.25.031, and this chapter. The department will or the designee shall provide written notice to a family regarding eligibility to participate in the program.
(b) A determination of eligibility under this section will not result in payment of benefits if the amount of the family contribution under 7 AAC 41.335 is greater than the eligible cost of care.
(c) Notwithstanding (a) of this section, if a family's income determination was calculated under 7 AAC 41.325(b)(1) or (4), the department will, or a designee shall, determine family eligibility at least once every three months. (Eff. 6/23/2006, Register 178)
The time of care eligible for a program benefit as specified in the child care authorization issued under 7 AAC 41.340 is based on the schedule of eligible activities of each parent. Eligible activities are as follows:
(3) doing library or laboratory activities, attending workshops or tutoring sessions, or participating in a similar activity required for satisfactory completion of a school course or class; time eligible for a program benefit under this paragraph is limited to one hour for each credit hour per week;
(4) seeking work; time eligible for a program benefit under this paragraph is limited to 80 hours of care in a 12-month period;
(5) if necessary for a parent to participate in a work activity, resting up to eight hours before or after the parent works a night shift; for purposes of this paragraph, "night shift" means employment requiring a minimum of six work and travel hours between 8:00 p.m. and 6:00 a.m.;
(6) traveling between an eligible activity and the participating provider, up to a maximum travel time of
(A) one-half hour before and one-half hour after the eligible activity; or
(B) one hour before and one hour after the eligible activity if
(i) written authorization is obtained from the department or a designee; and
(ii) the parent travels more than 30 miles from the provider or uses public transportation. (Eff. 6/23/2006, Register 178)
For purposes of this chapter, work is
(1) an activity for which a wage or salary is paid; or
(2) being engaged in a business
(A) operated with the intention of making a profit;
(B) for which a business license under AS 43.70 has been obtained; and
(C) that generates revenue during any consecutive three-month period. (Eff. 6/23/2006, Register 178)
(a) A family seeking to participate, or to continue participation, in the PASS II or PASS III program must apply to any designee serving the community where the family resides or participates in an eligible activity. If no designee serves that community, the family may apply to the department.
(b) Application, including a renewal application, must be made on a form prescribed by the department and must be submitted to the department or a designee, as appropriate, for review and approval. (Eff. 6/23/2006, Register 178)
(a) A family applying for child care assistance under this chapter shall provide complete, accurate, and current information regarding children, family income, hours of employment or training, work activities, and other factors that would affect eligibility for program benefits. At the time of application, a parent of the family shall read and sign a family responsibilities form prescribed by the department that includes the requirements of this section and contains a statement that the person signing the form has read those requirements, understands them, and agrees to abide by them.
(b) If requested by the department or a designee, a family shall provide documentation to support information provided on the application or family responsibilities form.
(c) A family participating in the child care assistance program under this chapter shall
(1) select an eligible provider;
(2) notify the department or designee within seven days after an income change in excess of $200 a month, a change in a work activity, or any other change that would affect the family's benefits or eligibility under this chapter; failure to give notice as required under this paragraph may result in a determination of overpayment of program benefits and subsequent action by the department under 7 AAC 41.420;
(3) pay the portion of the family's eligible cost of care that is not paid on the family's behalf under this chapter;
(4) notify the provider in writing at least 14 days before the family intends to terminate child care services with that provider, except
(A) in the case of sudden program ineligibility;
(B) in the case of an allegation of abuse, harm, or serious risk of harm to a child in the provider's care; or
(C) upon mutual agreement between the provider and the family;
(5) renew the child care authorization in a manner timely enough to provide for continuity of care; and
(6) if requested by the department or a designee, review the provider's attendance records and monthly billing statement to verify that care was billed only for hours of eligible activity. (Eff. 6/23/2006, Register 178)
(a) For the purposes of this chapter, a family's monthly income is determined by
(A) the monthly gross earned income of each parent paid in cash or in kind as wages, salary, tips, bonuses, or commissions, and earned in exchange for the performance of services as an employee;
(i) the self-employment income of each parent, determined in accordance with 7 AAC 45.445 and 7 AAC 45.450; or
(ii) if the time engaged in a self-employment activity exceeds three months, the amount equal to the number of hours in the parent's proposed work schedule attributable to the self-employment activity, multiplied by the minimum wage established under AS 23.10.065; if the parent engages in a self-employment activity that is substantially different from the original activity, an additional three-month period is allowed before minimum wage is calculated; and
(C) the monthly unearned income of the family, unless that income is excluded under (2) of this subsection; for purposes of this subparagraph, "unearned income" includes