Alaska Administrative Code

(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 must be a rate submitted under 7 AAC 41.201(c)(3) or (e)(14), or as amended under 7 AAC 41.210(4). (b) If a particip…

(a) A participating provider shall submit a request for payment and any corrections to that request to the department or to the designee, on a form prescribed by the department. A request for payment must be submitted on or before the last day of the month immediately following t…

A participating provider shall retain records required for participation and compliance with the child care assistance program under this chapter for at least three years from the date of the record's creation. The provider shall make available for inspection during normal busine…

(a) A licensed child care provider described in 7 AAC 41.200(a)(l) shall meet the applicable reporting requirements of the licensing agency. A provider described in 7 AAC 41.200(a)(2), (3), or (4) shall meet the applicable reporting requirements of the accrediting, certifying, or…

(a) For purposes of determining compliance with this chapter, ongoing monitoring, and assisting the department in its review of a provider, the department may conduct inspections, including announced or unannounced onsite inspections and investigations. (b) In addition to complia…

(a) The purpose of this section is to provide a process for determining whether a general variance for a provider described in 7 AAC 41.200(a)(5) or (6), if requested, should be granted for a requirement of 7 AAC 41,200 - 7 AAC 41.260 or 7 AAC 41.370. (b) A provider described in …

(a) At the time of application, unless one or more of the parents in a family is determined to be ineligible for a reason set out in 7 AAC 41.055 or 7 AAC 41.450, and except as provided in (b) of this section, a family is eligible to participate in the child care assistance progr…

(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. After a determination of eligibility for a 12-month period, the department will not and a designee may not…

(a) At the time of application, 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, the care need of the child, and the child care provider's hours…

For purposes of this chapter, work is (1) an activity for which a wage or salary is paid at or above minimum wage established in AS 23.10.065; 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 ha…

For the purposes of this chapter, school is an educational or training program that includes classroom or online settings. An educational program is a structured learning enviromnent in which an instructor or teacher leads students through a course of study that includes specific…

(a) A family seeking to participate, or to continue participation, in the PASS program and receive child care assistance must submit an application to the designee serving the community where the family resides or participates in an eligible activity and participate in an in-pers…

(a) A family applying for child care assistance under this chapter shall provide complete, accurate and current information and required verification regarding children, family income, hours of employment or training, work activities, and other factors that would affect eligibili…

A family applying for or participating in the child care assistance program has the right to (1) unlimited access to the family's children and the providers caring for die family's children, during the providers' normal hours of operation and whenever children are in the provider…

(a) For the purposes of this chapter, die department will or a designee shall determine a family's monthly income by (1) totaling (A) the monthly gross earned income of each parent including wages, salary, tips, bonuses, or commissions; (B) the self-employment income of each pare…

(a) As the contribution toward child care costs required under AS 47.25.041, a participating family shall pay to the provider a percentage of its income as determined in the department's Family Income and Contribution Schedule,adopted by reference in 7 AAC 41.335. If the family h…

(a) To determine the amount the family must contribute toward the eligible cost of care, the department will or a designee shall use the department's Family Income and Contribution Schedule, revised as of February 21, 2022, and adopted by reference. This amount will be based on f…

(a) After the department or a designee determines a family is eligible to participate in the program, and that the provider selected by the family is an eligible provider, the department will or the designee shall issue to the family and the provider, a child care authorization t…

(a) After subtracting a family's contribution calculated under 7 AAC 41.335, the department will pay the remainder of the eligible cost of care during the time the family is eligible, to (1) a participating provider on behalf of the participating family for child care provided; o…

(a) Subject to (b) and (c) of this section, a child eligible to participate in the child care assistance program under this chapter is an individual (1) who is younger than 13 years of age; (2) whose family's income does not exceed 85 percent of the state median income as describ…

Notes 7 AAC 41.355 Eff. 6/23/2006, Register 178; repealed 1/5/2017, Register 221, April 2017 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison f…

(a) If a participating family or family applying to continue participation consists of only one parent and that parent is temporarily incapacitated or temporarily away from the child or children because of participating in an eligible activity under 7 AAC 41,310, the family may c…

Notes 7 AAC 41.365 Eff. 6/23/2006, Register 178; repealed 1/5/2017, Register 221, April 2017 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison f…

(a) To participate in the child care assistance program under this chapter, an eligible family may hire an in-home child care caregiver to care for the family's children in the family's home only if the caregiver does not reside in the family home, has a valid background check un…

(a) For purposes of determining compliance with this chapter, the department or designee may monitor, investigate, and conduct file reviews of information regarding a family's eligibility. (b) A family shall cooperate with the department or a designee for the purpose of a monitor…

(a) information relating to a family's participation in the child care assistance program is confidential under AS 47.05.020 and to the extent provided under law, (b) A child care provider may only communicate with the department or designee regarding a parent's application for p…

(a) The department wilt or designee shall give at least 10 days' written notice to a participating family before taking an action to reduce or terminate program benefits. The 10-day notice period begins the date the notice is sent and advises the family of the right to request a …

(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 all…

(a) An intentional program violation is an action, inaction, or statement made by a family or provider to deliberately misrepresent, conceal, or withhold a material fact, resulting in establishing a benefit or payment to the family or the provider under this chapter, for which th…

(a) If the department or designee determines there is reasonable evidence of an incorrect payment of program benefits for a participating family or to a participating provider, the department will or designee shall conduct one or more of the following methods of investigation: (1…

(a) An incorrect payment of program benefits occurs if a family or provider receives a benefit or payment to which the family or provider is not entitled or does not receive a benefit or payment to which the family or provider is entitled under AS 47.25.001 - 47.25,095 and this c…

(a) If the department believes that a family or provider has committed an intentional program violation under 7 AAC 41.410 the department will refer the matter to the office of administrative hearings (AS 44.64.010) for scheduling of an intentional program violation hearing. Afte…

(a) A family found to have committed a child care assistance intentional program violation is subject to the following penalties: (1) for the first child care assistance intentional program violation resulting in no dollar loss to the department, the department will impose a requ…

(a) If the department determines that a provider's continued participation in the program will result in an imminent potential threat to the health, safety, or welfare of a child in care, the department may (1) immediately suspend program participation; (2) provide the provider a…

Notes 7 AAC 41.435 Eff. 6/23/2006, Register 178; repealed 1/5/2017, Register 221, April 2017 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison f…

Notes 7 AAC 41.440 Eff. 6/23/2006, Register 178; repealed 1/5/2017, Register 221, April 2017 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison f…

(a) A provider who is not satisfied with a written determination under this chapter with regard to denying, suspending, or terminating the provider's ability to be a child care provider approved to participate or to the amount of payment received for services provided under the c…

(a) The department will (1) maintain a list of current licensed and approved providers who are eligible providers under this chapter; and (2) provide the list upon request. (b) The department will remove a provider found to be ineligible under this chapter from the list of eligib…

(a) The department will debar from program participation a family found to be ineligible under this chapter because of (1) a penalty described in 7 AAC 41.425(c) for an intentional program violation; (2) failing to comply with a repayment plan developed under 7 AAC 41.420; or (3)…

(a) In this chapter, unless the context requires otherwise, (1) "adult" means an individual who is 18 years of age or older; (2) "age group" means an age group described in 7 AAC 41,025(b); (3) "approved provider" means a provider described in 7 AAC 41.201(d) who has been found e…

Notes 7 AAC 43.005 Eff. 8/18/79, Register 71; am 4/15/82, Register 82; am 5/25/82, Register 84; am 8/1/86, Register 99; am 11/6/86, Register 100; am 2/1/89, Register 109; am 8/6/92, Register 123; am 12/31/92, Register 124; am 3/26/93, Register 126; am 5/5/93, Register 126; am 12/…

Notes 7 AAC 43.010 Eff. 8/18/79, Register 71; readopt 8/7/96, Register 139; am 11/1/2000, Register 156; am 6/24/2004, Register 170; am 12/2/2005, Register 176; am 5/18/2006, Register 178; repealed 2/1/2010, Register 193 State regulations are updated quarterly; we currently have t…

Notes 7 AAC 43.015 Eff. 8/18/79, Register 71; readopt 8/7/96, Register 139; am 3/3/2001, Register 157; am 12/30/2006, Register 180; repealed 2/1/2010, Register 193 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our…

Notes 7 AAC 43.020 Eff. 8/18/79, Register 71; am 1/4/85, Register 93; am 5/31/85, Register 94; am 3/26/93, Register 126; am 12/19/93, Register 128; am 1/26/94, Register 129; readopt 8/7/96, Register 139; am 7/1/97, Register 142; am 11/13/97, Register 144; am 2/12/99, Register 149…

Notes 7 AAC 43.021 Eff. 3/26/2003, Register 165; repealed 7/20/2007, Register 183 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features wil…

Notes 7 AAC 43.025 Eff. 8/18/79, Register 71; am 11/6/86, Register 100; am 10/15/94, Register 132; am 11/29/97, Register 144; am 3/3/2001, Register 157; am 7/20/2007, Register 183; repealed 2/1/2010, Register 193 State regulations are updated quarterly; we currently have two vers…

Notes 7 AAC 43.027 Eff. 6/28/85, Register 94; am 5/28/92, Register 122; readopt 8/7/96, Register 139; am 6/19/2004, Register 170; am 9/23/2005, Register 175; repealed 2/1/2010, Register 193 State regulations are updated quarterly; we currently have two versions available. Below i…

Notes 7 AAC 43.030 Eff. 8/18/79, Register 71; readopt 8/7/96, Register 139; am 11/29/97, Register 144; repealed 2/1/2010, Register 193 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the …

Notes 7 AAC 43.032 Eff. 11/29/97, Register 144; repealed 2/1/2010, Register 193 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will …

Notes 7 AAC 43.035 Eff. 8/18/79, Register 71; am 12/31/92, Register 124; em am 1/8/93 - 5/7/93, Register 125; am 5/5/93, Register 126; am 6/5/93, Register 126; am 12/19/93, Register 128; am 2/23/94, Register 129; am 9/28/95, Register 135; readopt 8/7/96, Register 139; am 2/12/99,…