7 AAC 53.226 - Eligibility of a child in department custody for Title IV-E relative guardianship assistance

Current through September 28, 2021

A child in department custody is eligible for Title IV-E relative guardianship assistance if

(1) the child
(A) has been removed from the home of a parent or other specified relative who is the child's legal guardian
(i) under a voluntary placement agreement; or
(ii) as a result of a judicial determination that remaining in the home would be contrary to the welfare of the child; and
(B) is eligible for Title IV-E foster care maintenance payments under 42 U.S.C. 672 (sec. 472 of the Social Security Act) and 7 AAC 53.010 - 7 AAC 53.199 for a period of at least six consecutive months during which the child resided in the home of the prospective relative guardian;
(2) being returned to the home of a parent or other specified relative, or being adopted, is not an appropriate permanency option for the child;
(3) the prospective guardian is a relative of the child and has been approved under a guardianship home study conducted under AS 25.23.200;
(4) the prospective guardian's home
(A) is licensed as a foster home
(i) under AS 47.32 and in compliance with the applicable standards and requirements of 7 AAC 50, including having a valid background check under AS 47.05.300-47.05.390 and 7 AAC 10.900 - 7 AAC 10.990; or
(ii) in another state and meets the criminal records check requirements of 42 U.S.C. 671(a)(20)(A) (sec. 471 (a)(20)(A) of the Social Security Act); and
(B) meets the applicable requirements of 42 U.S.C. 672 (sec. 472 of the Social Security Act), adopted by reference in 7 AAC 53.299, for receiving foster care maintenance payments for the care of a child who is eligible for Title IV-E foster care;
(5) the child demonstrates a strong attachment to the prospective relative guardian, and that guardian has a strong commitment to providing permanent care for the child;
(6) for a child who has attained 14 years of age, the child has been consulted regarding the guardianship arrangement in accordance with that child's rights under AS 13.26.040; and
(7) the prospective guardian has signed a Title IV-E relative guardianship subsidy agreement.


7 AAC 53.226
Eff. 4/13/2011, Register 198; am 8/1/2015, Register 215, October 2015; am 6/29/2017,Register 222, July 2017

Authority:AS 13.26.062

AS 25.23.200

AS 25.23.210

AS 25.23.230

AS 47.14.100

AS 47.14.120

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