The following persons are exempt from the foster home licensure requirements of AS 47.32 and this chapter:

1. (1) an individual caring for a child, not in the custody of the department, in the child's own home, whether related to the child or not;
2. (2) an individual designated by a foster parent for the supervision of a child in a foster home during an emergency absence of a foster parent for a period of no more than 14 days;
3. (3) an individual who provides care for one or more relative children, unless the department has custodial authority of the child and the individual seeks payment as a licensed provider;

4. (4) an individual who is licensed to operate a foster home by a tribe or tribal entity, if the tribe or tribal entity has licensing standards in accordance with federal licensing requirements, and

   1. (A) has a current tribal Title IV-E pass-through maintenance agreement, approved by the department; or
   2. (B) has a memorandum of agreement for state placement in tribal licensed foster homes, approved by the department;
5. (5) a person licensed as an assisted living home under AS 47.32 and AS 47.33 who admits a child for care in accordance with an assessment of the child's individual needs and services;

6. (6) a person providing care exclusively for children 16 years of age and older if

   1. (A) each parent of a child has agreed to the placement of the child in a home selected by the school in which the child is enrolled; and
   2. (B) the person providing the care has, for each child in care, an authorization for emergency medical care;
7. (7) a person who provides care for a child under a power of attorney executed by the child's parent under AS 13.26.066.

(Eff. 7/1/2022, Register 242)

Authority: AS 13.26.066, AS 47.14.120, AS 47.32.020, AS 44.30.020, AS 47.32.010, AS 47.32.030