Title 7 . Health and Social Services

Chapter 56 . (Reserved)

Section 210. Qualifications and responsibilities of individuals having regular contact with children and clients in an agency

7 AAC 56.210. Qualifications and responsibilities of individuals having regular contact with children and clients in an agency

(a) An individual having regular contact with children and clients in an agency must be a responsible individual of reputable character who exercises sound judgment.

(b) An individual may not work or volunteer in an agency if the individual

(1) is the alleged perpetrator of an incident of child abuse or neglect in which the division found the evidence available substantiates the allegation;

(2) has a physical, health, mental health, or behavioral problem to an extent that the problem poses a significant risk to the health, safety, or well-being of children or clients;

(3) has a domestic violence or alcohol or other substance abuse problem to an extent that the problem is likely to be detrimental to the health, safety, or well-being of children or clients;

(4) was the subject of prior adverse licensing action of the kind described at AS 47.35.120 (b)(5) - (7); or

(5) was at any time under indictment, charged by information or complaint, or convicted for the following laws or similar laws of another jurisdiction:

(A) offenses against the family and vulnerable adults under AS 11.51;

(B) perjury under AS 11.56.200 ;

(C) offenses included in the definition of "serious offense" under AS 12.62.900 .

(c) An agency may and the division will, in its discretion, require that an individual having regular contact with children and clients in an agency provide an evaluation from a probation, health, or mental health professional affirming that the individual is free from problems that are likely detrimental to the health, safety, or well-being of a child or a client of the agency.

(d) An adult having regular contact with children in an agency may not have a romantic relationship with a child and may not abuse a child or engage in any exploitive or sexual act with a child.

(e) The division will review its child protection records and previous licensing records and criminal justice information with respect to the designated administrator.

(f) Fingerprint cards shall be submitted to the licensing representative in accordance with AS 47.35.017 (b)(6). However, if fingerprint rolling acceptable to the Department of Public Safety is not available in an individual's community, the fingerprint cards must be submitted when adequate fingerprint rolling becomes available or when the individual next visits a community with adequate fingerprint rolling. The fingerprint cards will be used to obtain the results of a criminal justice information search on the individual from the Department of Public Safety. In addition, the licensing representative will review criminal justice information, including

(1) past conviction information;

(2) current offender information; and

(3) non-conviction information.

(g) In addition to fingerprint cards submitted under (f) of this section, an agency shall obtain cards from each employee or regular volunteer, either before or within seven days of the individual becoming employed or becoming a regular volunteer in the facility. However, if fingerprint rolling acceptable to the Department of Public Safety is not available in the individual's community, the fingerprint cards must be submitted when adequate fingerprint rolling becomes available or when the person next visits a community with adequate fingerprint rolling.

(h) An agency shall use the fingerprint cards required by (g) of this section to request a state and federal report of criminal justice information under AS 12.62.160 (b)(8)-(10) and 13 AAC 68.315(a) for an employee or regular volunteer of the agency before or within 14 days of employment or becoming a regular volunteer to ascertain that the Department of Public Safety criminal justice information central repository does not contain information described in (b)(5) of this section. An agency may not assign an employee to permanent status before receiving a satisfactory report on state and federal criminal justice records from the Department of Public Safety on the person.

(i) An employee, contractor, or regular volunteer in an agency may not be a foster parent or adoptive parent or apply for guardianship for a child served by the agency unless the administrator of the agency documents and grants an exception for a child who is a relative or for other significant continuity issues for the child, including placement preference under ICWA. However, the employee, contractor or regular volunteer may not provide direct services to the child and the child's family and may not have supervisory responsibility over child placing workers for the family. The administrator shall document the circumstances of any exception.

(j) An agency with one or more employees, contractors or regular volunteers shall obtain a completed application for employment from each person hired as an employee, contractor, or accepted as a regular volunteer. The completed application for employment or work must provide the information necessary to determine whether the applicant has the qualifications required under this section. In addition, the agency shall obtain at least three positive written references on a prospective employee or contractor, at least two of which are from persons unrelated to the applicant, and at least one positive reference on a prospective regular volunteer before the employee, contractor or regular volunteer is allowed to have contact with children or clients. An occasional volunteer is exempt from the application and reference requirements. A reference must

(1) be received by the agency directly from the individual making the reference;

(2) attest to the person's ability to work successfully with children, act as a positive role model for children, and meet the requirements of this section; and

(3) if taken by telephone, be recorded immediately by written notes, signed by the individual taking the reference, and dated.

(k) In this section,

(1) "child abuse or neglect" has the meaning given in AS 47.17.290 ;

(2) "criminal justice information" has the meaning given in AS 12.62.900 ;

(3) "indictment" means presentment or charging by information in a criminal matter;

(4) "occasional volunteer" means an individual who does not meet the criteria of a regular volunteer.

History: Eff. 1/1/2001, Register 156

Authority: AS 44.29.020

AS 47.35.010