Page 789

(a) To participate in the child care grant program, a child care facility must

(1) participate in the child care assistance program under AS 47.25.001 — 47.25.095 and 7 AAC 41;

(2) use the grant money solely for operation of the facility;

(3) meet the requirements of AS 47.25.071(g) regarding availability of space for children of families issued an attendance authorization under 7 AAC 41.040; and

(4) if space and staff are available, accept into care children of families issued an enrollment authorization under 7 AAC 41.035; (b) The number of spaces to be made available under (a)(3) of this section is based on the facility’s average daily full-time equivalent units of care under 7 AAC 39.035 for the calendar month preceding the month in which a family requests care. For a facility that does not have an established attendance rate, a fair and reasonable attendance rate must be charged to satisfy (a)(3) of this section. An attendance rate is fair and reasonable if it is consistent with attendance rates charged by other child care facilities in the area or is a proration of the facility’s enrollment rate. (c) The department will determine a facility is participating in the child care assistance program as required by AS 47.25.071 and (a)(1) of this section if at least five percent of the children in care at the facility, or one child, whichever is more, are children described in (a)(3) or (4) of this section. The department will suspend payments under the child care grant program if, after any six-month period, the department finds that the facility has not met the requirements of this subsection during that period, unless the facility shows to the department’s satisfaction that good cause exists for failure to meet those requirements. For purposes of this subsection, good cause includes one or more of the following:

(1) within the community, the number of children who are the subject of an enrollment authorization under 7 AAC 41.035 or an attendance authorization under 7 AAC 41.040 is smaller than the number of spaces required under this section for each participating facility;

(2) a waiver would prevent a disruption in the continuity of care for children who have been in care at the facility for more than a year. (d) If the department waives suspension for good cause under (c) of this section, a new six-month period begins at that time. If the department suspends payment under this subsection, the facility may apply for reinstatement if the facility accepts into care a child described in (a)(3) or (4) of this section. (e) In this section, “enrollment rate” means a monthly rate for care of a child, based on a consistent schedule of a regular number of units of care per week. (Eff. 6/23/2006, Register 178) Statutory Authority: