reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 52 - Juvenile Correctional Facilities and Juvenile Detention Facilities › Article 8 - Juvenile Detention Facilities › 7 AAC 52.405 - Search upon admission

Current through May 31, 2024
(a) Facility staff members shall search each
				  juvenile for weapons or other contraband immediately upon admission to the
				  detention facility. However, the staff may not strip search a juvenile charged
				  with a traffic offense for one hour after the juvenile is admitted to that
				  facility. During that hour, the juvenile may post bail, and the staff shall
				  keep the juvenile separate from the general population of the facility. If, at
				  the end of one hour, it is not apparent that bail will be posted imminently,
				  the staff shall continue the admission procedure, including a strip search. If,
				  at any time, this juvenile's actions are a threat to the safety and security of
				  the facility, the staff may use its discretion to strip-search the juvenile and
				  place the juvenile in a secure room.
(b) A full and complete search of the
				  juvenile and the juvenile's personal effects must be made to complete the
				  admission process. The purpose of the search is to seize contraband or to
				  ascertain the juvenile's true identity. The staff member may require the child
				  to undress and a more careful inspection may be made. Female staff members
				  shall conduct searches of girls; male staff members shall conduct searches of
				  boys. A search may be deferred while a juvenile is incapacitated.
Authority:
AS
						47.05.010
AS 47.14.010
AS 47.14.020
AS 47.14.050
AS
						47.14.100
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 52 - Juvenile Correctional Facilities and Juvenile Detention Facilities › Article 8 - Juvenile Detention Facilities › 7 AAC 52.410 - Communications upon admission

Current through May 31, 2024
(a) Immediately
				  upon entrance to a detention facility, a juvenile must be permitted to make
				  phone calls or other communications reasonably necessary to communicate with an
				  attorney and parents or guardian, subject to (b) of this section. All
				  long-distance calls must be made collect or arranged so as not to be made at
				  the expense of the facility, unless authorized by the superintendent or the
				  superintendent's designee.
(b)
				  Facility staff members may search a juvenile under
				  7 AAC 52.405 before allowing the juvenile to communicate
				  under (a) of this section.
Authority:
AS
						47.05.010
AS 47.14.010
AS 47.14.020
AS 47.14.050
AS
						47.14.100
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 52 - Juvenile Correctional Facilities and Juvenile Detention Facilities › Article 8 - Juvenile Detention Facilities › 7 AAC 52.415 - Health inspection upon admission

Current through May 31, 2024
(a) A juvenile
				  detention facility shall provide for the safekeeping, housing, care, and
				  subsistence of those juveniles admitted
				  7 AAC 52.400. However, if the admitting facility staff
				  member finds the juvenile to be unconscious or in immediate need of medical
				  attention, the admitting staff member shall advise the remanding or admitting
				  party to contact responsible medical authority. The admission process may not
				  be commenced until the admitting staff member is satisfied that the admittee
				  has received medical attention.
(b)
				  During the admission process, the admitting staff member shall determine
				  whether the admittee is in need of any medical attention by inspecting for
				  obvious injuries or illnesses, and by inquiring about any medical problems or
				  recent use of medication or unprescribed drugs. Juveniles who appear to be ill,
				  injured, or incapacitated by alcohol, narcotics, or similar agents, but not in
				  immediate need of medical attention, must be given medical attention as soon as
				  practical. A written record must be kept of the admission interview and health
				  inspection.
Authority:
AS
						47.05.010
AS 47.14.010
AS 47.14.020
AS 47.14.050
AS
						47.14.100
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 52 - Juvenile Correctional Facilities and Juvenile Detention Facilities › Article 8 - Juvenile Detention Facilities › 7 AAC 52.420 - Clothing and valuables

Current through May 31, 2024
A juvenile detention facility must have an approved list of
					 the maximum amount of clothing and personal items a juvenile may have. All
					 money and excess personal property taken from a juvenile on admission must be
					 stored, or provision made to send it to the juvenile's parents or guardian. The
					 juvenile must be given a receipt for money and other property stored or sent to
					 a parent or guardian. Stored property, including money, must be returned to the
					 juvenile upon release. The state is not responsible for any personal property
					 retained by the juvenile.
Authority:
AS
						47.05.010
AS 47.14.010
AS 47.14.020
AS 47.14.050
AS
						47.14.100
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 52 - Juvenile Correctional Facilities and Juvenile Detention Facilities › Article 8 - Juvenile Detention Facilities › 7 AAC 52.425 - Education

Current through May 31, 2024
Each juvenile must be given a reasonable opportunity to
					 continue the juvenile's education within the limits imposed by security
					 requirements. Those juveniles detained in excess of 10 days must be provided a
					 program of study through the local school district.
Authority:
AS
						47.05.010
AS 47.14.010
AS 47.14.020
AS 47.14.050
AS
						47.14.100
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 52 - Juvenile Correctional Facilities and Juvenile Detention Facilities › Article 8 - Juvenile Detention Facilities › 7 AAC 52.430 - Recreation and exercise

Current through May 31, 2024
(a) Each juvenile
				  must be offered the opportunity for physical exercise for a minimum of three
				  and a half hours a week, and a recreation program compatible with the varying
				  needs and abilities of juveniles residing at the facility.
(b) Indoor physical exercise may be
				  substituted for outdoor exercise where weather conditions make such activities
				  inappropriate.
(c) The recreation
				  program must include other leisure activities as well as physical
				  exercise.
Authority:
AS
						47.05.010
AS 47.14.010
AS 47.14.020
AS 47.14.050
AS
						47.14.100
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 52 - Juvenile Correctional Facilities and Juvenile Detention Facilities › Article 8 - Juvenile Detention Facilities › 7 AAC 52.435 - Religious activity

Current through May 31, 2024
(a) Each juvenile must be given a reasonable
				  opportunity to pursue the juvenile's faith.
(b) Participation in religious services
				  conducted at a facility is voluntary.
Authority:
AS
						47.05.010
AS 47.14.010
AS 47.14.020
AS 47.14.050
AS
						47.14.100
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 52 - Juvenile Correctional Facilities and Juvenile Detention Facilities › Article 8 - Juvenile Detention Facilities › 7 AAC 52.440 - Release from detention

Current through May 31, 2024
Unless a court orders otherwise, a juvenile must be
					 released from detention whenever 48 hours have passed and the juvenile has not
					 had a hearing under
					 AS
					 47.12.250.
Authority:
AS
						47.05.010
AS 47.12.250
AS 47.14.010
AS 47.14.020
AS 47.14.050
AS
						47.14.100
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 52 - Juvenile Correctional Facilities and Juvenile Detention Facilities › Article 8 - Juvenile Detention Facilities › 7 AAC 52.445 - Rules

Current through May 31, 2024
(a) A set of rules, along with the potential
				  disciplinary action for violation of those rules, must be adopted for each
				  living unit within a facility. These rules must be in writing, must be given to
				  each juvenile entering the facility, and must be available for inspection by
				  the juveniles at any time. If a juvenile is unable to understand the written
				  rules, a counselor shall read and explain them. All rules must be approved by
				  the director.
(b) Conduct of
				  juveniles may not result in disciplinary action unless it is prohibited by the
				  written rules of the facility or by state statute or local ordinance.
Authority:
AS
						47.05.010
AS 47.14.010
AS 47.14.020
AS 47.14.050
AS
						47.14.100
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 52 - Juvenile Correctional Facilities and Juvenile Detention Facilities › Article 8 - Juvenile Detention Facilities › 7 AAC 52.450 - Secure confinement

Current through May 31, 2024
(a) When a juvenile's behavior necessitates
				  placement in secure confinement for the safety of the juvenile or others, or to
				  ensure the security of the facility, the juvenile may be so confined for a
				  period of up to 24 hours. Secure confinement for periods of more than 24 hours
				  must be reviewed every 24 hours by the superintendent or the superintendent's
				  designee who was not involved in the incident necessitating that confinement.
				  Secure confinement may be extended for additional periods if necessary for the
				  safety of juveniles or others, or to ensure the safety of the facility. Secure
				  confinement may not exceed five 24-hour periods.
(b) A facility shall provide appropriate
				  services and programs for high-risk juveniles who cannot control their
				  assaultive behavior, who present a danger to themselves, or who are in constant
				  danger of being victimized by other juveniles, thus requiring special
				  management. The facility may, if the facility determines that it necessary,
				  separate such juveniles from the general population to allow for individualized
				  attention.
Authority:
AS
						47.05.010
AS 47.14.010
AS 47.14.020
AS 47.14.050
AS
						47.14.100
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 52 - Juvenile Correctional Facilities and Juvenile Detention Facilities › Article 8 - Juvenile Detention Facilities › 7 AAC 52.455 - Harsh discipline

Current through May 31, 2024
A disciplinary action may not be taken in the form of
					 depriving a juvenile of adequate food, drink, clothing, bedding, or adequate
					 room temperature. Corporal punishment may not be used.
Authority:
AS
						47.05.010
AS 47.14.010
AS 47.14.020
AS 47.14.050
AS
						47.14.100
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 52 - Juvenile Correctional Facilities and Juvenile Detention Facilities › Article 9 - General Provisions › 7 AAC 52.900 - Definitions

Current through May 31, 2024
In this chapter, unless the context otherwise
					 requires
(1) repealed
				  1/14/2000;
(2) "admission" means
				  the administrative process of initially accepting a juvenile into a juvenile
				  correctional facility or a juvenile detention facility;
(3) "commissioner" means the commissioner of
				  the Alaska Department of Health and Social Services, or any employee of the
				  department designated by the commissioner to carry out any official function of
				  the commissioner;
(4) "contraband"
				  means any of the following items that have not been specifically approved by
				  the department or the facility superintendent for a resident to obtain, make,
				  or possess:
(A) weapons, including firearms,
				  explosives, knives, hacksaw blades, tear gas, dangerous chemical agents, or any
				  tool or other object that may be used as a weapon, from which a weapon may be
				  fashioned, or that is intended to be perceived as a weapon;
(B) controlled substances, the possession of
				  which is punishable by other criminal or civil penalties, and any other type of
				  medication;
(C) alcohol, including
				  wine, distilled spirits, home brew, and any other type of alcoholic
				  substance;
(D) cameras, sound or
				  video recorders, or any electronic or mechanical receiving or transmitting
				  equipment;
(E) any article,
				  including keys, tools, electronic or mechanical devices, and identification
				  information, intended to be used as a means of facilitating an escape;
				  and
(F) any other article,
				  including money, toiletries, books, food, mail, and pictures, that is
				  introduced, taken, or conveyed into a facility, or made, obtained, or possessed
				  in a facility in a manner intended to frustrate or evade detection;
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 53 - Social Services › Article 1 - Child Foster Care Payment Rates and Difficulty-of-Care Augmentation › 7 AAC 53.010 - License required

Current through May 31, 2024
To be eligible for payments for foster care, including
					 payments to relatives under 7 AAC 67.025, a foster parent must be licensed
					 to
(1) operate a foster home in
				  accordance with the applicable standards and requirements of AS 47.32 and 7 AAC
				  67;
(2) operate an assisted living
				  home in accordance with the applicable standards and requirements of AS 47.32
				  and 7 AAC 75; or
(3) operate a
				  foster home in accordance with the applicable tribal foster care licensing
				  standards, if the tribe has a
(A) tribal Title
				  IV-E pass-through maintenance agreement approved by the department;
				  or
(B) a memorandum of agreement
				  approved by the department for the placement of children in state custody in a
				  tribal foster home approved by the department.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 53 - Social Services › Article 1 - Child Foster Care Payment Rates and Difficulty-of-Care Augmentation › 7 AAC 53.020 - Payment rates

Current through May 31, 2024
(a) Subject to appropriation, and unless
				  another source of payment is available from or through the department for the
				  child's care, the department will provide payment for a child committed to the
				  custody of the state and
(1) placed in a
				  licensed foster home by the department under
				  AS
				  47.14.100-47.14.130;
				  or
(2) placed in a tribe-licensed
				  foster home by the department as referenced in 7 AAC 67.010(4).
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 53 - Social Services › Article 1 - Child Foster Care Payment Rates and Difficulty-of-Care Augmentation › 7 AAC 53.030 - Base rate and rate adjustments

Current through May 31, 2024
(a) Subject to (b)
				  of this section, the department will pay a base rate for foster care for a
				  child placed by the department or a by tribal entity that has a tribal Title
				  IV-E pass-through maintenance agreement or a memorandum of agreement for state
				  placement in a tribe-licensed foster home with the department.
(b) The department will annually review its
				  daily base rates for the care and supervision of children in foster care. Not
				  less than every five years, or when the base rate deviates by 10 percent or
				  more from the previous rate implementation, the department will propose to the
				  legislature a change to the foster care base rates. A change in the base rate
				  becomes effective the state fiscal year following legislative approval. The
				  base rate for care and supervision will be applied to an individual child
				  foster care placement according to the following age ranges:
(1) starting at birth and younger than six
				  years of age;
(2) at least six
				  years of age and younger than 12 years of age;
(3) at least 12 years of age and younger than
				  21 years of age.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 53 - Social Services › Article 1 - Child Foster Care Payment Rates and Difficulty-of-Care Augmentation › 7 AAC 53.040 - Emergency shelter

Current through May 31, 2024
(a) The department will authorize emergency
				  shelter rates for a foster home that meets the requirements of
				  7 AAC 50.610.
(b) Emergency shelter rates are 125 percent
				  of the base rate for the age range set out in
				  7 AAC 53.030(b)(3) and adjusted for
				  geographic differentials.
(c) The
				  department will authorize emergency shelter rates only
(1) in an emergency situation in which less
				  than 24-hour notice was given to the foster parents before placement of a child
				  in the home; and
(2) if the foster
				  parents meet the licensure requirements set out in 7 AAC 67.045 before, or at
				  the time of, emergency placement.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 53 - Social Services › Article 1 - Child Foster Care Payment Rates and Difficulty-of-Care Augmentation › 7 AAC 53.050 - Ongoing direct costs

Current through May 31, 2024
(a) Subject to appropriation, documented
				  need, and approval by the department, the department may pay ongoing direct
				  costs in addition to the base rate under
				  7 AAC 53.030 incurred in providing for the necessary care of
				  the child who has been placed by the department.
(b) Ongoing direct costs will be determined
				  on a case-by-case basis and will be limited to reasonable payment for
(1) costs of transportation for one or more
				  of the following purposes, if the total miles travelled for those purposes
				  combined exceeds 50 miles a week:
(A)
				  frequent scheduled home visits;
(B) travel to medical or therapeutic
				  appointments such as physical therapy or psychiatric counseling;
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 53 - Social Services › Article 1 - Child Foster Care Payment Rates and Difficulty-of-Care Augmentation › 7 AAC 53.060 - Difficulty-of-care augmented rates

Current through May 31, 2024
(a) In addition to
				  the base rate under
				  7 AAC 53.030 and subject to appropriation, the
				  department may approve difficulty-of-care augmented rates for a child, if after
				  assessment the department determines that the child's needs are at a level that
				  exceeds the basic care provided in a licensed foster home.
(b) A request for a difficulty-of-care
				  augmented rate assessment must be made in writing and submitted
(1) by the child's department placement
				  worker; or
(2) to the child's
				  department placement worker by the child's
(A)
				  parent;
(B) current foster
				  parent;
(C) attorney; or
(D) guardian ad litem.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 53 - Social Services › Article 1 - Child Foster Care Payment Rates and Difficulty-of-Care Augmentation › 7 AAC 53.061 - Intensive augmented rates for children with special circumstances

Current through May 31, 2024
(a) In addition to
				  the base rate under
				  7 AAC 53.030 and subject to appropriation, the
				  department may pay intensive augmented rates for a child, if the department
				  determines that the child's needs are at a level set out in this section. The
				  department will establish intensive augmented rates on a case-by-case basis for
				  each eligible child.
(b) The
				  department will not set an intensive augmented rate that exceeds 500 percent of
				  the base rate for foster care under
				  7 AAC 53.030.
(c) A child who receives an intensive
				  augmented rate is not eligible to receive a difficulty-of-care augmented rate
				  under 7 AAC 53.060.
(d) The department may pay an intensive
				  augmented rate for a child
(1) for whom a
				  Department of Health assessment and approval under
				  7 AAC 130.200 -
				  7 AAC 130.219 is pending for Medicaid home and
				  community-based waiver services, if the child might be eligible under the
				  recipient category of children with complex medical conditions;
(2) whom the Department of Health has is
				  approved but wait listed under
				  7 AAC 130.200 -
				  7 AAC 130.219 for Medicaid home and community-based
				  waiver services for the recipient category of individuals with intellectual and
				  developmental disabilities;
(3) for
				  whom the department determines that Medicaid home and community based waiver
				  services provided through the Department of Health under 7 AAC 130 or services
				  provided through other service agencies are not sufficient to cover the cost of
				  the child's care, or if the child has needs for which approval and payment are
				  unavailable through the Department of Health under 7 AAC 130 or through another
				  service agency; or
(4) who does not
				  qualify for waiver services listed in (1), (2), or (3) of this subsection but
				  has complex medical or behavioral needs that place the child at risk of
				  inpatient hospitalization or placement in a residential treatment facility, or
				  who is without a stable placement resulting from the complex medical or
				  behavioral needs; those needs include
(A)
				  intellectual disabilities;
(B)
				  neurobehavioral issues;
(C)
				  physical aggression; or
(D)
				  maladaptive sexualized behaviors.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 53 - Social Services › Article 1 - Child Foster Care Payment Rates and Difficulty-of-Care Augmentation › 7 AAC 53.062 - Augmented rate for the child of a parent in state custody

Current through May 31, 2024
In addition to the base rate under
					 7 AAC 53.030 and subject to appropriation, if a child in
					 foster care is a parent, and if the parent and the parent's child are placed
					 together in the same foster home, the department will pay the foster parent an
					 augmented rate for the child not in the custody of the department. The
					 augmented rate is equal to the base rate for the age range in which the child
					 of the parent in state custody falls under
					 7 AAC 53.030(b).
Authority:
AS 44.30.020
AS
						47.10.080
AS
						47.14.010
AS
						47.14.120
AS 47.06.010
AS
						47.32.030
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 53 - Social Services › Article 1 - Child Foster Care Payment Rates and Difficulty-of-Care Augmentation › 7 AAC 53.063 - Other services not paid by the departmental office that oversees children's services

Current through May 31, 2024
Services provided by the epartment of Health divisions that
					 oversee behavioral health services and senior and disabilities services are
					 rates that are in addition to the services described in this chapter. Nothing
					 in this chapter prevents a child from being eligible for services through other
					 Department of Health subunits, including services under 7 AAC 130 or 7 AAC 135,
					 or services through other state agencies.
Authority:
AS 44.30.020
AS 47.06.010
AS
						47.10.080
AS
						47.14.010
AS
						47.14.120
AS
						47.32.030
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 53 - Social Services › Article 1 - Child Foster Care Payment Rates and Difficulty-of-Care Augmentation › 7 AAC 53.066 - Specialized foster care training and additional requirements for foster parents caring for children with difficulty-of-care or intensive augmented rates

Current through May 31, 2024
(a) Subject to appropriation, documented
				  need, and approval by the department, the department may pay for specialized
				  foster care training under this section. The department may require that foster
				  parents attend and complete a specialized training program approved by the
				  department before a child requiring care that exceeds the basic care provided
				  in a licensed foster home can be placed in the home or to maintain that
				  placement.
(b) To be approved for a
				  placement under (a) of this section, and in addition to meeting the other
				  requirements of this chapter and successfully completing any specialized foster
				  care training required under (a) of this section, a foster care parent must
				  agree to
(1) provide specialized care to the
				  child as documented in a plan of care or other material from the department,
				  the child's health care providers, or grantees that addresses the physical and
				  mental health needs of the child;
(2) participate in frequent child placement
				  plan meetings;
(3) attend special
				  training, if requested, to address the specific care needs of a child placed in
				  the home;
(4) work directly with the
				  child's biological parents if specified in the child's placement
				  plan;
(5) keep detailed records or
				  logs on the child in placement that include behavior, education, visits of the
				  family and placement worker, if appropriate, and therapy, either in-house or
				  purchased; and
(6) submit monthly
				  progress reports to the child's placement worker.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 53 - Social Services › Article 1 - Child Foster Care Payment Rates and Difficulty-of-Care Augmentation › 7 AAC 53.070

Current through May 31, 2024
The substance of
						7 AAC 53.070 was formerly contained in
						7 AAC 50.740. The history note includes the history of
						the earlier provision.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 53 - Social Services › Article 1 - Child Foster Care Payment Rates and Difficulty-of-Care Augmentation › 7 AAC 53.080 - Payment conditions

Current through May 31, 2024
(a) Except as otherwise provided in this
				  chapter, the department will pay the appropriate rate established under
				  7 AAC 53.010 -
				  7 AAC 53.040 and
				  7 AAC 53.060 -
				  7 AAC 53.062 multiplied by the number of days of care
				  provided for a child placed in a licensed foster home.
(b) The department will pay a foster parent
				  for the day of admission of the child, but not for the day of departure.
(c) For a child placed in a foster
				  home by the department, the department may authorize continued payment of the
				  base rate for a period up to 14 days if a child is absent from the home due to
				  a medical or psychiatric placement, hospitalization, a home visit, or
				  detention.
(d) If a child is absent
				  from a home as described in (c) of this section, the department will
				  discontinue payment before the end of the 14-day period if the department
(1) decides not to return the child to the
				  home; and
(2) notifies the foster
				  parent of its decision; the department will discontinue payment on the date of
				  the notice to the foster parent.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 53 - Social Services › Article 1 - Child Foster Care Payment Rates and Difficulty-of-Care Augmentation › 7 AAC 53.100 - Liability protection

Current through May 31, 2024
(a) It is the policy of this state, through
				  the division of risk management in the Department of Administration, to
				  indemnify and defend a foster parent for an injury that occurs during the
				  performance and within the scope of duty as a foster parent, including
(1) accidental injury to a child placed by
				  the department; and
(2) injury to
				  others by a child placed by the department.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 53 - Social Services › Article 1 - Child Foster Care Payment Rates and Difficulty-of-Care Augmentation › 7 AAC 53.110 - Damages and loss

Current through May 31, 2024
(a) Modest damages and loss costs are normal
				  in the care of children, and are included in the base rate; however, the
				  department may reimburse a foster parent for damages and loss up to $6,000 if
(1) the damage or loss is a result of a
				  deliberate act with malicious intent of the foster child, or with gross
				  negligence of the child;
(2)
				  considering the child's maturity and behavioral history, the foster parents
				  were providing adequate supervision and exercised appropriate
				  precautions;
(3) the damage or loss
				  does not include rental or other payment for lost time, wages, or use of the
				  damaged or lost items;
(4) the
				  damage or loss exceeds $150 for a single event or $200 cumulative each
				  month;
(5) the damage or loss is
				  documented by the foster parent, including filing a report with law enforcement
				  if required by the department; and
(6) the damage or loss is not covered by any
				  insurance protection the foster parent has.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 53 - Social Services › Article 1 - Child Foster Care Payment Rates and Difficulty-of-Care Augmentation › 7 AAC 53.115 - Foster care rates paid for in-state relocation or travel

Current through May 31, 2024
(a) A foster parent
				  who maintains a licensed foster care residence in this state and who is
				  approved to travel to an in-state activity will continue to receive the
				  applicable rates set under
				  7 AAC 53.030 -
				  7 AAC 53.062 for up to 30 days unless the department
				  approves additional time.
(b) The
				  applicable rates set under
				  7 AAC 53.030 -
				  7 AAC 53.062 apply after a licensed foster parent moves
				  to another location within this state. The department will pay the applicable
				  rates for up to 60 days after the date of departure from the licensed
				  residence. The department may pay that rate for up to 120 days if the foster
				  parent, in a timely manner,
(1) seeks
				  licensure for the new residence in accordance with AS 47.32 and 7 AAC 50;
				  or
(2) is in the process of
				  finalizing the adoption or guardianship process for the child in foster
				  care.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 53 - Social Services › Article 1 - Child Foster Care Payment Rates and Difficulty-of-Care Augmentation › 7 AAC 53.120 - Foster care rates paid out of state

Current through May 31, 2024
(a) A foster parent
				  who is a resident of this state and who receives prior approval to vacation
				  outside the state with a foster child will continue to receive the applicable
				  rates set under
				  7 AAC 53.030 -
				  7 AAC 53.062 for up to 30 days unless the department
				  approves additional time.
(b) The
				  applicable rate to be paid to a foster parent residing in another state and
				  caring for a child in department custody is the foster care rate established by
				  the city, county, or state in which the foster parent resides, depending on
				  which government unit supervises the foster care placement. The department may
				  authorize difficulty-of-care augmented rates and payment of ongoing direct
				  costs.
(c) The out-of-state rate
				  under (b) of this section applies 30 days after a family moves to another
				  state. The department will pay the rate under (a) of this section for up to 60
				  days after the date of departure from the Alaska residence. The department may
				  pay that rate for up to 120 days if the family is, in a timely manner,
(1) seeking licensure or certification in the
				  state to which they have moved, in accordance with AS 47.70 (Interstate Compact
				  on the Placement of Children); or
(2) in the process of finalizing the adoption
				  or guardianship process for the child in foster care.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 53 - Social Services › Article 1 - Child Foster Care Payment Rates and Difficulty-of-Care Augmentation › 7 AAC 53.130 - Rate reduction (Repealed)

Current through May 31, 2024
Effective in Register 132, the substance of
						7 AAC 53.130 was moved to
						7 AAC 53.030(e).
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 53 - Social Services › Article 1 - Child Foster Care Payment Rates and Difficulty-of-Care Augmentation › 7 AAC 53.135 - Repayment of overpayments

Current through May 31, 2024
(a) The department
				  may pursue repayment under this section from a current or former foster parent
				  who received an overpayment, regardless of whether the overpayment was the
				  result of an administrative error or oversight by the department.
(b) To request repayment under this section,
				  the department will send an overpayment notice to the current or former foster
				  parent. In the overpayment notice, the department will
(1) identify the overpayment
				  amount;
(2) provide the detail of
				  the overpayment; and
(3) inform
				  the foster parent of the right to request a review under
				  7 AAC 54.500 or an evidentiary hearing under
				  7 AAC 54.510 if the foster parent disagrees with the
				  findings.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 53 - Social Services › Article 1 - Child Foster Care Payment Rates and Difficulty-of-Care Augmentation › 7 AAC 53.140

Current through May 31, 2024
For definitions applicable to
						7 AAC 53.010 -
						7 AAC 53.199, sec
						7 AAC 53.199.
The substance of
						7 AAC 53.140 was formerly contained in
						7 AAC 50.850. The history note includes the history of
						the earlier provision.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 53 - Social Services › Article 1 - Child Foster Care Payment Rates and Difficulty-of-Care Augmentation › 7 AAC 53.199 - Definitions

Current through May 31, 2024
In
					 7 AAC 53.010 - 7 AAC 53.199, unless the context requires otherwise,
(1) "child" has the meaning given in
				  AS
				  47.10.990;
(2) "child's placement plan" means a plan
				  developed to ensure appropriate goals and objectives for a child placed by the
				  department in a foster home, including identification of the person responsible
				  for implementing provisions of the plan; however, a placement plan is not a
				  full case plan for a family with a child in foster care;
(3) "custody of a tribal entity" means
				  children under the custody of a tribe through a tribal court;
(4) "department" means the Department of
				  Family and Comniunity Services;
(5) "difficulty-of-care augmented rates"
				  means higher care and service levels for foster care that are designed to meet
				  the higher difficulty-of-care levels of children and their families;
(6) "foster care" means responsibility and
				  care for a child who is placed by the department or through a tribal entity
				  that has a tribal Title IV-E maintenance pass-through agreement approved by the
				  department;
(7) "foster home"
				  means a home that
(A) is licensed under AS
				  47.32;
(B) is in compliance with
				  the additional applicable standards and requirements of 7 AAC 10 and 7 AAC 67
				  and
(C) provides care for a child
				  who is
(i) in the custody of the department;
				  or
(ii) in the custody of a tribal
				  entity that has a tribal Title IV-E maintenance pass-through agreement approved
				  by the department;
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 53 - Social Services › Article 2 - Subsidized Adoption and Subsidized Guardianship Payments › 7 AAC 53.200 - Purpose and applicability of federal and state subsidies

Current through May 31, 2024
(a) The purpose of
				  subsidized adoption and guardianship is to facilitate the permanent placement
				  of a child who is
(1) determined under
				  7 AAC 53.205 to be a child with special needs who is
				  hard to place; and
(2) eligible for
				  a subsidy under
				  7 AAC 53.222,
				  7 AAC 53.223,
				  7 AAC 53.225, or
				  7 AAC 53.226.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 53 - Social Services › Article 2 - Subsidized Adoption and Subsidized Guardianship Payments › 7 AAC 53.205 - Determination that a child is a hard-to-place child with special needs

Current through May 31, 2024
(a) For purposes of determining eligibility
				  under
				  7 AAC 53.222 or
				  7 AAC 53.223, 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
(A)
				  parental rights have been terminated; or
(B) a determination has been made by a state
				  court, or by a tribal court with jurisdiction of the child, that the child
				  cannot or should not return to that home;
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 53 - Social Services › Article 2 - Subsidized Adoption and Subsidized Guardianship Payments › 7 AAC 53.210 - Determination and disclosure

Current through May 31, 2024
(a) A prospective
				  adoptive parent or guardian must cooperate with the department to meet accepted
				  standards as an adoptive parent or guardian, including successfully passing a
				  fingerprint-based criminal background check in accordance with
				  AS
				  47.05.300-47.05.390. The
				  department will make a determination under this subsection after conducting a
				  home study under
				  AS
				  25.23.200.
(1) submit an application to the department
				  to adopt or become a guardian to a hard-to-place child with special needs;
				  and
(2) cooperate with the
				  department as it determines whether the applicant meets accepted standards as
				  an adoptive parent or guardian, including successfully passing a criminal
				  background check; the department will make a determination under this paragraph
				  after conducting a home study under
				  AS
				  25.23.200.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 53 - Social Services › Article 2 - Subsidized Adoption and Subsidized Guardianship Payments › 7 AAC 53.223 - Eligibility of an applicable child in department custody for Title IV-E adoption assistance

Current through May 31, 2024
(a) A child who is considered an applicable
				  child for a fiscal year under Title IV-E, as described in (b) of this section,
				  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 at the time of initiation of adoption proceedings, the
				  child
(1) was in the care of a public or
				  licensed private child placement agency or Indian tribal organization under
(A) an involuntary removal of the child from
				  the home of a parent, or other specified relative who is the child's legal
				  guardian, in accordance with a judicial determination that remaining in the
				  home would be contrary to the welfare of the child; 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 pertains to
				  the child's 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; or
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 53 - Social Services › Article 2 - Subsidized Adoption and Subsidized Guardianship Payments › 7 AAC 53.225 - Eligibility of a child adopted through a private agency or independently for Title IV-E adoption assistance

Current through May 31, 2024
(a) A child who is
				  adopted through a private adoption agency or independently 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 is adopted and receives Title
				  IV-E adoption assistance, but the adoption later dissolves or the adoptive
				  parents die;
(3) the child was
				  voluntarily relinquished to a private nonprofit agency, and
(A) there is a petition to the court to
				  remove the child from the home of a parent or other specified relative who is
				  the child's legal guardian within six months of the time the child lived with
				  that parent or relative;
(B) a
				  state court, or a tribal court with jurisdiction of the child, subsequently
				  determines that the child cannot or should not be returned to the home because
(i) parental rights have been terminated;
				  or
(ii) a determination has been
				  made by a state court, or by a tribal court with jurisdiction of the child,
				  that the child cannot or should not return to that home; and
(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;
(4) the child
				  is eligible as an applicable child under
				  7 AAC 53.223.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 53 - Social Services › Article 2 - Subsidized Adoption and Subsidized Guardianship Payments › 7 AAC 53.226 - Eligibility of a child in department custody for Title IV-E relative guardianship assistance

Current through May 31, 2024
Subject to the requirements of this section, a child in
					 department custody is eligible for Title IV-E guardianship assistance. A
					 child's eligibility under this section is not affected by the replacement of a
					 guardian with a successor guardian, due to the event of the death or incapacity
					 of the relative guardian. The eligibility of a child for a relative Title IV-E
					 relative guardianship assistance payment under this subsection is not affected
					 by reason of the replacement of the relative guardian with a successor legal
					 guardian named in the guardian assistance agreement, including in any amendment
					 to the agreement.
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
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 53 - Social Services › Article 2 - Subsidized Adoption and Subsidized Guardianship Payments › 7 AAC 53.227 - Eligibility for state adoption or guardianship subsidy

Current through May 31, 2024
(a) A hard-to-place
				  child with special needs who is in department custody and is not eligible for
				  Title IV-E adoption assistance is eligible for a state adoption subsidy or
				  guardianship subsidy.
(b) A
				  hard-to-place child with special needs who is not in department custody and
				  does not meet the eligibility requirements for a Title IV-E adoption or
				  guardianship subsidy under either
				  7 AAC 53.222 or
				  7 AAC 53.223 is eligible for a state subsidy.
(c) If a hard-to-place child with special
				  needs who is eligible for a state adoption subsidy is also eligible for
				  Medicaid immediately before the signing of the subsidy agreement, the child is
				  eligible for a state subsidy with Medicaid.
(d) The department will notify an adoptive
				  parent or guardian in writing of the department's determination of eligibility
				  under this section, and will advise the adoptive parent or guardian of the
				  right to request a review under
				  7 AAC 54.500
				  or an evidentiary hearing under
				  7 AAC 54.510.
Authority:
AS
						13.26.153
AS
						25.23.210
AS
						25.23.230
AS
						47.14.100
AS
						47.14.120
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 53 - Social Services › Article 2 - Subsidized Adoption and Subsidized Guardianship Payments › 7 AAC 53.229 - Deferred subsidy

Current through May 31, 2024
(a) Subject to (c) of this section, the
				  department may provide a deferred subsidy in accordance with
				  AS
				  25.23.210 and the applicable provisions of
				  this chapter to a child for whom a factor or condition under
				  7 AAC 53.205(a) (2)(B) has not yet been
				  demonstrated through a documented diagnosis by a qualified health
				  professional.
(b) Repealed
				  4/13/2011.
(c) An adoptive parent
				  or guardian may request a monetary subsidy under
				  7 AAC 53.245 for a child receiving a deferred subsidy if
				  a factor or condition under
				  7 AAC 53.205(a)(2)(B) is later
				  diagnosed. The request for a monetary subsidy must be made in writing and must
				  document the reasons that the child requires a monetary subsidy, including a
				  documented diagnosis from a qualified health professional. The subsidy will be
				  negotiated as specified in
				  7 AAC 53.260.
Authority:
AS
						13.26.153
AS
						25.23.210
AS
						25.23.230
AS
						47.14.100
AS
						47.14.120
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 53 - Social Services › Article 2 - Subsidized Adoption and Subsidized Guardianship Payments › 7 AAC 53.230 - Unearned income of an adoptive or a guardianship child

Current through May 31, 2024
An adoptive parent or guardian shall apply to become a
					 representative payee for any
(1) SSI
				  benefits that the child is eligible to receive;
(2) other social security benefits under
				  42 U.S.C.
				  301-
				  42 U.S.C.
				  1397mm; or
(3) other unearned income that the child in
				  department custody was receiving before the adoption or guardianship was
				  final.
Authority:
AS
						13.26.153
AS
						25.23.230