7 AAC 41.407 - Noncompliance and plans of correction
(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 allowing access to the premises where child care is
provided, relevant records, and children and staff for purposes of conducting
interviews.
(b) If, after a
compliance review under this section, the department or designee determines
that a provider or family described in (a) of this section has failed to comply
with one or more applicable requirements of
AS
47.25.001 -
47.25.095 or this chapter, the
provider or family described in (a) of this section shall submit to the
department a plan of correction, stating a date on or before which compliance
will be achieved.
(c) The
department may conduct a follow-up inspection to determine compliance with the
plan of correction required under (b) of this section. Refusing to comply with
a plan of correction is an intentional program violation.
(d) The plan of correction required under (b)
of this section must set out, for each violation identified,
(1) each action that will be taken to cure
the violation;
(2) each measure
that will be taken or change that will be made to ensure that the violation
does not recur;
(3) how the
provider or family described in (a) of this section will monitor each
corrective action to ensure that the violation is cured and will not recur;
and
(4) the date on or before which
the violation will be cured.
(e) The plan of correction must be signed by
the provider as described in (a) of this section or the hiring parent for the
family as described in (a) of this section, for a violation.
(f) If the department determines that any
recipients of services were affected by a violation, the department may also
require the provider or family described in (a) of this section to describe
(1) each corrective action that will be taken
with regard to those recipients; and
(2) how the provider or family described in
(a) of this section will identify other recipients of services who might be
affected by the violation, and what corrective action will be taken.
(g) The department will review a
plan of correction submitted under this section to determine whether the plan
is acceptable. If the department determines that the plan is unacceptable, the
department may
(1) request additional
information regarding one or more corrective actions described in the
plan;
(2) require the provider or
family described in (a) of this section to amend the plan as directed by the
department;
(3) require the
provider or family described in (a) of this section to comply with a plan of
correction developed by the department under (i) of this section.
(h) If the department finds that
the provider or family described in (a) of this section has failed to correct a
violation of AS 47,25.001 - 47.25,095 or this chapter, has failed to submit a
plan of correction for department approval, or has submitted an unacceptable
plan, the department may require the family or the provider to participate in a
plan of correction developed by the department under (i) of this
section.
(i) In a plan of
correction developed by the department, the department will describe each
violation, specify each corrective action that the provider or family described
in (a) of this section must take to correct the violation, and specify the date
on or before which the provider Or family must cure the violation. The
department will notify the provider or family in writing of a decision to
require compliance with a plan of correction developed under this subsection,
and will provide a copy of the plan of correction with the notice. In the
notice, the department will describe any penalties under
7
AAC 41.425 the department intends to take, regardless
of whether the violation is cured.
(j) The department may conduct a follow-up
inspection to determine compliance with the plan of correction developed under
(i) of this section. Refusing to comply with a plan of correction is an
intentional program violation.
Notes
Authority:AS 47.05.010
AS 47.25.001
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