CHAPTER 20-6
REGULATIONS FOR DROP-IN PROGRAMS SERVING SCHOOL AGE CHILDREN AND YOUTH
20-6-1 Definitions.
(A) “Adult responsible for a child or youth” means any of the following adults who is other than the child’s or youth’s legal parent and who is responsible for the care and upbringing of the child or youth:
(1) A stepparent;
(2) a grandparent;
(3) another relative; or
(4) a foster parent.
(B) “Annual renewal date” means the date assigned to each licensee for the submission of the documents required to maintain the license and payment of the annual license fee.
(C) “Applicant” means any person who has submitted an initial application for a license to operate a drop-in program but has not received a license.
(D) “Drop-in program” means a child care facility that is not located in an individual’s residence, that serves exclusively school-age children and youth, and in which the operator permits children and youth to arrive at and depart from the program at their own volition and at unscheduled times.
(E) “Kindergarten-age child” means a child who is attending kindergarten or who has completed kindergarten and has not entered first grade.
(F) “License” means the document issued by the Tribal Council that authorizes a person to operate a drop-in program.
(G) “Operator” means a person who holds a license to conduct a drop-in program.
(H) “Premises” means the location, including each building and the adjoining grounds, for which the operator has a license to conduct a drop-in program.
(I) “School-age child” and “child” mean an individual who is of kindergarten age through the academic year in which the child is in the sixth grade and who is attending the drop-in program.
(J) “School-age youth” and “youth” mean an individual who meets the following conditions:
(1) Has completed sixth grade or is 12 years of age or older;
(2) is less than 18 years of age;
(3) is attending the program; and
(4) is not a volunteer or employee.
(K) “Staff member” means both of the following:
(1) All personnel, including employees’ substitutes and volunteers, who provide administrative or direct services to children and youth; and
(2) auxiliary personnel, including cooks, drivers, office workers, and housekeeping staff, who provide indirect services.
20-6-2 Licensure; application; renewal.
(A) Each person shall have a tribal license to operate a drop-in program before children or youth are in attendance.
(B) Each operator shall submit a new application, the required forms, and the license fee, and shall obtain a new license from the Tribal Council or the Tribal Treasurer, as follows:
(1) Before a drop-in program that has been closed is reopened;
(2) if there is a change in the location of the drop-in program; or
(3) if there is a change of ownership of the drop-in program.
(C) Each person wishing to conduct a drop-in program shall submit a complete application. The application shall be submitted at least 90 calendar days before the planned opening date of the drop-in program for new programs and shall include the following:
(1) A description of activities and services to be offered;
(2) a copy of the program’s records showing for each person who works, substitutes or regularly volunteers in the program that requests for a criminal history and child abuse registry background check have been made and are currently approved by the program for each of them at least every two years; and
(3) a nonrefundable license fee of $20.00 except for public and non-profit programs.
(D) Each individual applying for a license shall be 21 years of age or older at the time of application.
(E) Each corporation applying for a license shall be in good standing with the Nation.
(F) (1) Before the annual renewal date, each licensee wishing to maintain the license shall submit the annual nonrefundable license fee and shall complete and submit the following to the Nation for issuance of a license renewal by the Tribal Council or Tribal Treasurer:
(a) An application to renew the license; and
(b) a copy of the program’s records showing for each person who works, substitutes or regularly volunteers in the program that requests for a criminal history and child abuse registry background check have been made and are currently approved by the program for each of them at least every two years.
(2) Each failure to submit the annual renewal documents and fee as required by paragraph (F)(1) of this regulation shall result in an assessment of a $10.00 late fee payable to the Nation and may result in suspension of the license. Each late renewal fee assessed shall be paid upon request.
20-6-3 Inspections; investigations.
Each applicant and each operator shall give the Nation immediate entry and access to the premises and to any records kept, to determine compliance with applicable statutes and with the drop-in program regulations.
20-6-4 Recordkeeping.
(A) Each operator shall obtain the following information for each child or youth before or on the first day of attending the drop-in program:
(1) The first and last name and date of birth; and
(2) the name, address, and telephone number of each parent or other adult responsible for the child or youth, the names of any other persons authorized to pick up the child or youth, and emergency contact information.
(B) Each operator shall obtain written authorization for emergency medical care, signed by the parent or legal guardian of each child or youth, before the child or youth attends the program or within the second week of attendance.
20-6-5 Attendance policy; supervision.
(A) Each operator of a drop-in program shall meet the following requirements:
(1) Each operator shall develop and implement an attendance policy that allows children and youth to arrive at and depart the premises unsupervised, at unscheduled times and at their own volition.
(2) The operator shall inform the parent or other adult responsible for each child or youth of the policy specified in paragraph (A)(1). The parent or guardian of each child or youth utilizing the drop-in program shall receive a written disclosure describing the activities in which the child or youth can participate and the level of supervision provided.
(3) Each operator shall immediately notify the parent or guardian when a child or youth either is injured and requires medical attention or dies.
(B) Each staff member working with children and youth shall provide attentive supervision to protect the health, safety, and welfare of the children and youth, and to reduce the risk of injury, illness, and abuse,
20-6-6 Criminal history and child abuse registry background check.
(A) Each applicant and each operator shall submit to the appropriate agency the identifying information that is necessary to complete a current criminal history and child abuse registry background check for each individual who works, substitutes, or regularly volunteers in the program, as follows:
(1) When applying for a license;
(2) when submitting an application to renew the license; and
(3) before allowing each new individual to work, substitute, or regularly volunteer in the program.
(Enacted by PBP TC No. 2007-166, September 6, 2007; amended by PBP TC No. 2008-099, April 28, 2008; amended by PBP TC No. 2008-142, June 5, 2008)