1. (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.

2. (b) An individual associated with an agency in a manner described in 7 AAC 10.900(b) is subject to the applicable requirements of AS 47.05.300 - 47.05.390 and 7 AAC 10.990 - 7 AAC 10.990 (barrier crimes and conditions; background checks). In addition, an individual may not work or volunteer in an agency if

   1. (1) under 7 AAC 10.915 (background check) the department determines that a barrier crime or condition described in 7 AAC 10.905 exists with respect to the individual;
   2. (2) the individual is out of compliance with the association requirements described in 7 AAC 10.915(g) and 7 AAC 10.935(m);
   3. (3) a variance for the individual has been denied under 7 AAC 10.930 and 7 AAC 10.935;
   4. (4) a variance for the individual has been revoked under 7 AAC 10.945;
   5. (5) the individual has a physical health problem or behavioral health problem that poses a significant risk to the health, safety, or well-being of children or clients; or
   6. (6) the individual was the subject of prior adverse licensing action of the kind described in AS 47.32.140(d)(5) - (7).
3. (c) An agency or the department may require that an individual having regular contact with children and clients in an agency provide an evaluation from a probation officer, health professional, or mental health professional affirming that the individual is free from any problem that is likely to be detrimental to the health, safety, or well-being of a child or a client of the agency.
4. (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.
5. (e) In addition to the background check conducted under 7 AAC 10.900 - 7 AAC 10.990, the department will review its child protection records and previous licensing records with respect to the designated administrator.

6. (f) In this section,

   1. (1) "behavioral health problem" has the meaning given in 7 AAC 10.990;
   2. (2) "regular contact" has the meaning given in 7 AAC 10.990.

(Eff. 1/1/2001, Register 156; am 2/9/2007, Register 181; am 6/29/2017, Register 222)

Authority: AS 44.30.020, AS 47.05.330, AS 47.32.040, AS 47.05.300, AS 47.05.340, AS 47.32.060, AS 47.05.310, AS 47.32.010, AS 47.05.320, AS 47.32.030