7 AAC 53.222 - Eligibility of a not applicable child in department custody for Title IV-E adoption assistance

(a) A child in department custody who is not an applicable child eligible for assistance under 7 AAC 53.223 is eligible for Title IV-E adoption assistance under this section 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 home of a parent, or other specified relative who is the child's legal guardian, through a voluntary placement agreement, and all of the following conditions apply:

(A) within six months before the most recent removal from the home, the child lived with the parent or other specified relative from whose home the child was removed;

(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 the voluntary placement agreement was signed;

(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 home, the child lived with a parent, or other specified relative who is the child's legal guardian;

(C) the department petitions the court within six months after a child was removed from the home, and obtains a judicial determination that remaining in the home would be contrary to the child's welfare; if the court approves voluntary relinquishment without making a determination that remaining in the 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;

(4) the child was removed from the home of a parent, or other specified relative who is the child's legal guardian, under a judicial determination that remaining in that home would be contrary to the child's welfare, subject to the following:

(A) for a child who was removed from the home

(i) before January 23, 2001, the determination must be made within six months after removal from the home; or

(ii) 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;

(B) within six months before the most recent removal from the home, the child lived with the parent or other specified relative from whose home the child was removed;

(C) 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;

(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 is later dissolved, or the adoptive parents die; for purposes of this paragraph, the child's eligibility is based on the child's previous eligibility for Title IV-E adoption assistance.

(b) Repealed 4/13/2011.

(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 review under 7 AAC 54.500 or an evidentiary hearing under 7 AAC 54.510.

(d) If a legal guardian of a child who is receiving Title IV-E relative guardianship assistance under 7 AAC 53.226 seeks to adopt the child, the child's eligibility will be determined based on the child's circumstances at the time that the Title IV-E relative guardianship subsidy became effective.

Notes

7 AAC 53.222

Eff. 3/31/2005, Register 173; am 4/13/2011, Register 198; am 8/1/2015, Register 215, October 2015

Authority:AS 13.26.062

AS 25.23.210

AS 25.23.230

AS 47.14.100

AS 47.14.120