7 AAC 53.222. Eligibility of a child in department custody for Title IV-E adoption assistance

(a) A child in department custody is eligible for Title IV-E adoption assistance if the department has determined under 7 AAC 53.205 that the child is a hard-to-place child with special needs, and the child meets one of the following conditions:

(1) the child is eligible for SSI at the time the adoption petition is filed with the court;

(2) the child was removed from the parental home through a voluntary placement agreement, and all of the following conditions apply:

(A) within six months before the most recent removal from the child's home, the child lived with a specified relative;

(B) at least one Title IV-E foster care payment was made for the child;

(C) the child would have been eligible for AFDC, according to the requirements that were in effect on July 16, 1996, at the time of removal from the parental home, and at the time the adoption petition is filed in court;

(3) the child has been placed, through a voluntary relinquishment, with the department or another government entity, with whom the department has a Title IV-E contract, and all of the following conditions apply:

(A) the child was not already in department custody at the time of the relinquishment;

(B) within six months before the most recent removal from the child's home the child lived with a specified relative;

(C) the department petitions the court within six months after a child living with a specified relative was removed from the parental home, and obtains a determination that remaining in the parental home would be contrary to the child's welfare; if the court approves voluntary relinquishment without making a determination that remaining in the parental home would be contrary to the child's welfare, the child is not eligible for Title IV-E adoption assistance;

(D) the child would have been eligible for AFDC, according to the requirements that were in effect on July 16, 1996, at the time the department petitions the court for a determination, and at the time the adoption petition is filed in court;

(4) the child was removed from the home under a court order that includes a determination that remaining in the parental home would be contrary to the child's welfare, subject to the following:

(A) for a child who was removed from the home before January 23, 2001, the determination must be made within six months after removal from the home;

(B) for a child removed from the home on or after January 23, 2001, the determination must be made in the first court ruling that approves the removal; if the determination is not made in the first court ruling regarding removal from the home, the child is not eligible for Title IV-E adoption assistance;

(D) the child would have been eligible for AFDC, according to the requirements that were in effect on July 16, 1996, in the month that the court proceedings that led to the removal were initiated, and at the time the adoption petition is filed with the court;

(5) the child's parent is a minor who is in foster care and who is receiving Title IV-E foster care maintenance payments that cover the minor parent and the child at the time the adoption petition is filed in court; if the child and minor parent have been separated in foster care before the adoption petition is filed, the child's eligibility for Title IV-E adoption assistance will be determined based on the child's current circumstances;

(6) the child receives Title IV-E adoption assistance, but the adoption later dissolves or the adoptive parents die.

(b) For a child under the age of three to qualify for a monetary subsidy, a factor or condition under 7 AAC 53.205(2) (B) must be demonstrated through a documented diagnosis by a qualified health professional.

(c) The department will notify an adoptive parent in writing of the department's determination of eligibility under this section, and will advise the adoptive parent of the right to request a fair hearing under 7 AAC 53.265.

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

Authority: AS 13.26.062

The Alaska Administrative Code was automatically converted to HTML from a plain text format. Every effort has been made to ensure its accuracy, but neither Touch N' Go Systems nor the Law Offices of James B. Gottstein can be held responsible for any possible errors. This version of the Alaska Administrative Code is current through June, 2006.

If it is critical that the precise terms of the Alaska Administrative Code be known, it is recommended that more formal sources be consulted. Recent editions of the Alaska Administrative Journal may be obtained from the Alaska Lieutenant Governor's Office on the world wide web. If any errors are found, please e-mail Touch N' Go systems at E-mail. We hope you find this information useful. Copyright 2006. Touch N' Go Systems, Inc. All Rights Reserved.