7 AAC 53.205. Determination that a child is a hard-to-place child with special needs

The department will determine that a child is a hard to place child with special needs if

(1) the child cannot or should not be returned to the parental home because parental rights have been terminated, or because a determination has been made by a state court, or by a tribal court with jurisdiction of the child, that the child cannot return to that home;

(2) a specific factor or condition makes the child a hard-to-place child within the meaning of AS 25.23.240 ; for purposes of this paragraph, a specific factor or condition includes any of the following, if it supports a reasonable conclusion that the child cannot be placed without a subsidy:

(A) ethnic background, age, or membership in a minority or sibling group;

(B) a physical or mental disability, or an emotional disturbance;

(i) abandonment or neglect;

(ii) alcohol or drug abuse in the child's home;

(iii) domestic violence in the child's home;

(iv) emotional, physical, or sexual abuse;

(v) prenatal exposure to alcohol, cocaine, or another addictive drug; or

(vi) the mental illness of a parent; and

(3) a reasonable, but unsuccessful, effort has been made to place the child without a subsidy; this paragraph does not apply if placement without a subsidy would be against the best interests of the child, including

(A) the existence of significant emotional ties with a prospective adoptive parent or guardian while in the care of that person as a foster child; or

(B) adoption or guardianship by a relative.

History: Eff. 3/31/2005, Register 173

Authority: AS 13.26.062

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