7 Alaska Admin. Code § 57.990

Current through November 28, 2024

Section 7 AAC 57.990 - Definitions

(a) In this chapter, unless the context requires otherwise,

(1) "behavioral health problem" means a mental disorder, substance use disorder, or co-occurring disorder;

(2) "caregiver" includes an administrator, child care associate, employee, student intern, substitute, or other individual in a child care facility whose duties include care and supervision of children, with or without compensation;

(3) "center" means a child care center;

(4) "child care" or "care" means the supervision and provision of developmental opportunities, with or without compensation, to a child who does not have a parent present; "child care" or "care" includes services in or away from the child care facility;

(5) repealed 10/9/2024;

(6) "child care center" means a child care facility for 13 or more children;

(7) "child care group home" means a child care facility, usually in an occupied residence, for nine to 12 children;

(8) "child care home" means a child care facility, usually in an occupied residence, for no more than eight children;

(9) "child in care" means a child receiving care in a child care facility;

(10) "co-occurring disorder" means having both a substance use disorder and an emotional or psychiatric disorder;

(11) "CPR" means cardiopulmonary resuscitation;

(12) "department" means the Department of Health and Social Services;

(13) "domestic violence" has the meaning given in AS 18.66.990;

(14) "domestic violence problem" means the individual

(A) has been charged with, convicted of, found not guilty by reason of insanity for, or adjudicated as a delinquent for a crime involving domestic violence listed in AS 18.66.990(3); or

(B) is or has been subject to a protective order issued or filed under AS 18.66 or a substantially similar law or ordinance of another jurisdiction;

(15) "facility" means a child care facility described in 7 AAC 57.010(b);

(16) "group home" means a child care group home;

(17) "home" means a child care home or a child care group home;

(18) "IFSP" means individualized family service plan;

(19) repealed 2/9/2007;

(20) "infant" means a child from birth to 19 months of age;

(21) "kindergartner" means a child age five or six;

(22) "nighttime care" means care between the hours of 10:00 p.m. and 6:00 a.m.;

(23) "owner" means the person licensed to operate a child care facility;

(24) "parent" means a birth or adoptive parent or a legal guardian;

(25) "part-time caregiver" means an individual in a child care facility whose duties include care and supervision of children in care, with or without compensation, for 15 hours or less per week;

(26) "physician" has the meaning given in 12 AAC 40.990;

(27) "preschooler" means a child age three or four;

(28) "relative" means an individual who is related to another by marriage, blood relationship, or court decree; "relative" includes a parent, child, grandparent, great grandparent, brother, sister, stepparent, stepsister, stepbrother, aunt, uncle, great-aunt, great-uncle or step-grandparent;

(29) "school age" means age seven through age 18;

(30) "substance use disorder" means a diagnostic category that meets the criteria set out in the following documents, as amended from time to time and adopted by reference:

(A) the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, dated June 2013 (DSM-5);

(B) the International Classification of Diseases - 10th Revision, Clinical Modification, 2016, (ICD-10-CM), based on information compiled by the United States Department of Health and Human Services, and published by the American Medical Association;

(31) "supervision of children" means the protective oversight of children including

(A) a prudent level of awareness of and responsibility for a child's ongoing activity;

(B) knowledge of the child care program provided by the facility, including applicable policies and procedures, the applicable requirements of this chapter, and children's needs; and

(C) the degree of supervision indicated by a child's age, developmental level, and physical, emotional, and social needs;

(32) "toddler" means a child age 19 months to age 36 months;

(33) "young child" means a child age birth up to age nine.

(34) "on-site" means present in the child care entity as defined in 7 AAC 57.010(b)(3).

(b) In AS 47.32, for purposes of this chapter, and in this chapter,

(1) "administrator" means an individual who has general administrative charge and oversight over a facility subject to this chapter;

(2) "child" means an individual under 13 years of age, or an individual under 18 years of age with a developmental disability;

(3) "child care facility" means a facility described in 7 AAC 57.010(b);

(4) "license" means a license issued under AS 47.32 and this chapter;

(5) "licensee" means a person who has been issued a license under AS 47.32 and this chapter;

(6) "administrator designee" means an adult caregiver who meets the age and qualification requirements of 7 AAC 57.300, and has at least one year of child care experience, who is authorized to act on behalf of the administrator in the event of the administrator's absence for more than 30 days.

7 AAC 57.990

Eff. 6/23/2006, Register 178; am 2/9/2007, Register 181; am 5/15/2016, Register 218, July 2016; am 10/9/2024, Register 252, January 2025

The American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders, adopted by reference in 7 AAC 57.990(a), may be purchased from the American Medical Association at (800) 621-8335; from American Psychiatric Association - Publishing, Inc., 1000 Wilson Boulevard, Suite 1825, Arlington, Virginia 22209-3901, telephone (703) 907-7322 or (800) 368-5777; or from the American Psychiatric Association - Publishing, Inc. at the following Internet address: https://appi.org. The manual is also available for inspection at the Department of Health and Social Services, Division of Public Assistance, Child Care Program Office, 3601 C Street, Suite 140, Anchorage, Alaska 99524.

The International Classification of Diseases - 10th Revision, Clinical Modification (ICD-10-CM), adopted by reference in 7 AAC 57.990(a), may be purchased by writing to the American Medical Association, P.O. Box 930876, Atlanta, GA 31193 or visiting its website at https://commerce.ama-assn.org/store/. The manual is also available for inspection at the Department of Health and Social Services, Division of Public Assistance, Child Care Program Office, 3601 C Street, Suite 140, Anchorage, Alaska 99524.

On January 29, 2016, as required by AS 44.62.245 and AS 47.05.012, the department gave notice that the following amended version of material, previously adopted by reference in 7 AAC 57.990, would be in effect on October 1, 2015: the 2016 version of the American Medical Association's International Classification of Diseases - 10th Revision, Clinical Modification, (ICD-10-CM). The amended version may be reviewed at the Department of Health and Social Services, Division of Public Assistance, Child Care Program Office, 3601 C Street, Suite 140, Anchorage, Alaska.

On March 1, 2017, as required by AS 44.62.245 and AS 47.05.012, the department gave notice that the following amended version of material, previously adopted by reference in 7 AAC 57.990, would be in effect on January 1, 2017: the 2017 version of the American Medical Association's International Classification of Diseases - 10th Revision, Clinical Modification, (ICD-10-CM). The amended version may be reviewed at the Department of Health and Social Services, Division of Public Assistance, Child Care Program Office, 619 E. Ship Creeke Avenue, Suite 244, Anchorage, Alaska.

On March 11, 2018, as required by AS 44.62.245 and AS 47.05.012, the department gave notice that the following amended version of material, previously adopted by reference in 7 AAC 57.990, would be in effect on January 1, 2018: the 2018 version of the American Medical Association's International Classification of Diseases - 10th Revision, Clinical Modification, (ICD-10-CM). The amended version may be reviewed at the Department of Health and Social Services, 3601 C Street, Suite 902, Anchorage, Alaska 99503.

On March 12, 2019, as required by AS 44.62.245 and AS 47.05.012, the department gave notice that the following amended version of material, previously adopted by reference in 7 AAC 57.990, would be in effect on January 1, 2019: the 2019 version of the American Medical Association's International Classification of Diseases - 10th Revision, Clinical Modification, (ICD-10-CM). The amended version may be reviewed at the Department of Health and Social Services, 3601 C Street, Suite 902, Anchorage, Alaska 99503.

On February 25, 2020, as required by AS 44.62.245 and AS 47.05.012, the department gave notice that the following amended version of material, previously adopted by reference in 7 AAC 57.990, would be in effect on January 1, 2020: the 2020 version of the American Medical Association's International Classification of Diseases - 10th Revision, Clinical Modification, (ICD-10-CM). The amended versions may be reviewed at the Department of Health and Social Services, 3601 C Street, Suite 902, Anchorage, Alaska 99503.

On February 23, 2021, as required by AS 44.62.245 and AS 47.05.012, the department gave notice that the following amended version of material, previously adopted by reference in 7 AAC 57.990, would be in effect on January 1, 2021: the 2021 version of the American Medical Association's International Classification of Diseases - 10th Revision, Clinical Modification, (ICD-10-CM). The amended version may be reviewed at the Department of Health, 3601 C Street, Suite 902, Anchorage, Alaska 99503.

On February 10, 2022, as required by AS 44.62.245 and AS 47.05.012, the department gave notice that the following amended version of material, previously adopted by reference in 7 AAC 57.990, would be in effect on January 1, 2022: the 2022 version of the American Medical Association's International Classification of Diseases -10th Revision, Clinical Modification, (JCD-10-CM). The amended version may be reviewed at the Department of Health, 3601 C Street, Suite 902, Anchorage, Alaska 99503.

Effective July 1, 2022, Executive Order 121 split the former Department of Health and Social Services into the Department of Health and the Department of Family and Community Services. As of Register 242 (July 2022), the regulations attorney made a conforming technical revision under sec. 138, E.O. 121 and AS 44.62.125(b)(6), to 7 AAC 57.990.

On February 14, 2023, as required by AS 44.62.245 and AS 47.05.012, the department gave notice that the following amended version of material, previously adopted by reference in 7 AAC 57.990, would be in effect on January 1, 2023: the 2023 version of the American Medical Association's International Classification of Diseases - 10th Revision, Clinical Modification, (ICD-10-CM). The amended version may be reviewed at the Department of Health, 3601 C Street, Suite 902, Anchorage, Alaska 99503.

On February 8, 2024, as required by AS 44.62.245 and AS 47.05.012, the department gave notice that the following amended version of material, previously adopted by reference in 7 AAC 57.990, was in effect as of January 1, 2024: the 2024 version of the American Medical Association's International Classification of Diseases - 10th Revision, Clinical Modification, (ICD-10-CM). The amended version may be reviewed at the Department of Health and Social Services, 3601 C Street, Suite 902, Anchorage, Alaska 99503.

Authority:AS 44.29.020

AS 47.32.030