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

Current through May 31, 2024
(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.