2019 Alaska Statutes
Title 47. Welfare, Social Services, and Institutions
Chapter 05. Administration of Welfare, Social Services, and Institutions
Article 3. Criminal and Civil History.
Sec. 47.05.310. Criminal history; criminal history check; compliance.

Universal Citation: AK Stat § 47.05.310 (2019)

(a) If an individual has been charged with, convicted of, found not guilty by reason of insanity for, or adjudicated as a delinquent for, a crime that is inconsistent with the standards for licensure or certification established by the department by regulation, that individual may not own an entity, or be an officer, director, partner, member, or principal of the business organization that owns an entity. In addition, an entity may not

(1) allow that individual to operate the entity;

(2) hire or retain that individual at the entity as an employee, independent contractor, or unsupervised volunteer of the entity;

(3) allow that individual to reside in the entity if not a recipient of services; or

(4) allow that individual to be present in the entity if the individual would have regular contact with individuals who receive services from the entity, unless that individual is a family member of or visitor of an individual who receives services from the entity.

(b) The department may not issue or renew a license or a certification for an entity or an individual that is in violation of (a) of this section or that would be in violation based on the information received as part of the application process.

(c) [Repealed, § 25 ch 69 SLA 2018.]

(d) An entity or an individual shall provide to the department a release of information authorization for a criminal history check under this section for each individual who is not a recipient of services from the entity, who is not in the custody of the department, and, after the entity applies for or has been issued a license, license renewal, certification, or certification renewal by the department,

(1) who intends to become an owner of the entity, or an officer, director, partner, member, or principal of the business organization that owns the entity;

(2) whom the entity intends to hire or retain as the operator of the entity's business;

(3) whom the entity intends to hire or retain as an employee, independent contractor, or unsupervised volunteer of the entity; or

(4) who will be present in the entity or at the places of operation of the entity, and would have regular contact with individuals who receive services from the entity, but who is not a family member or visitor of an individual who receives services from the entity.

(e) An individual for whom a release of information authorization has been provided to the department shall submit the individual's fingerprints to the department, with the fee established under AS 12.62.160, for a report of criminal justice information under AS 12.62 and for submission by the Department of Public Safety to the Federal Bureau of Investigation for a national criminal history record check. The Department of Public Safety shall provide the report of criminal justice information and the results of the national criminal history record check to the department for its use in considering an application for a license, license renewal, certification, or certification renewal, or in considering other approval or selection regarding an entity or individual, for compliance with the standards established in this section. The department may waive the requirement for fingerprint submission if an individual is unable to provide fingerprints due to a medical or physical condition that is documented by a licensed physician.

(f) The provisions of this section do not apply if the department grants an exception from a requirement of (a) - (e) of this section under a regulation adopted by the department or if the department grants a variance under AS 47.05.360.

(g) The department shall adopt regulations listing those criminal offenses that are inconsistent with the standards for licensure or certification by the department.

(h) For purposes of this section, in place of nonissuance or nonrenewal of a license or certification, an entity or individual that is not required to be licensed or certified by the department or a person wishing to become an entity or individual that is not required to be licensed or certified by the department is ineligible to receive a payment, in whole or in part, from the department to provide for the health, safety, and welfare of persons who are served by the programs administered by the department if the entity or individual is in violation of this section or would be in violation of this section based on information received by the department as part of an application, approval, or selection process.

(i) [Repealed, § 25 ch 69 SLA 2018.]

(j) An individual who possesses a valid teacher certificate issued under AS 14.20.015 - 14.20.025 and applies to work at a facility licensed or certified by the Department of Education and Early Development or who applies to work in a child care facility or residential child care facility in a position as a certificated teacher with supervised access may request that the individual's criminal justice information and national criminal history record check on file with the Department of Education and Early Development be used to satisfy the requirements of (d) and (e) of this section.

(k) A person is presumed to be acting in good faith and is immune from civil or criminal liability if the person

(1) makes a report of medical assistance fraud, abuse, neglect, or exploitation;

(2) submits information to a civil history database identified under AS 47.05.330; or

(3) fails to hire or retain an employee or unsupervised volunteer because the employee or unsupervised volunteer is included in a civil history database identified under AS 47.05.330.

(l) The department may issue or renew a foster home license under AS 47.32 or provide payments under AS 47.14.100(b) or (d) to an entity, individual service provider, or person if the applicant or a person who resides in the home is barred from licensure or payment under (c), (i)(2), or (i)(3) of this section and

(1) a person in the home is an adult family member or family friend of a child in the custody or supervision of the state under AS 47.10;

(2) the department finds that placing the child with the entity, individual service provider, or person is in the best interests of the child; and

(3) the conduct that is the basis of the finding under (c), (i)(2), or (i)(3) of this section occurred at least 10 years before the date the department receives the application for licensure or renewal or makes a payment to the entity, individual service provider, or person.

(m) In this section,

(1) “adult family member” has the meaning given in AS 47.10.990;

(2) “child care facility” has the meaning given in AS 47.25.095;

(3) “foster home” has the meaning given in AS 47.32.900;

(4) “residential child care facility” has the meaning given in AS 47.32.900;

(5) “supervised access” means that a supervisor maintains a prudent level of awareness of the whereabouts of the individual for whom supervised access is required to ensure the protection of recipients of services.

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