7 Alaska Admin. Code § 53.205

Current through May 31, 2024

Section 7 AAC 53.205 - Determination that a child is a hard-to-place child with special needs

(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;

(2) a specific factor or condition makes the child a hard-to-place child within the meaning of AS 25.23.240; for purposes of this paragraph, a specific factor or condition includes any of the following, if it supports a reasonable conclusion that the child cannot be placed without a subsidy:

(A) older age or membership in a sibling group;

(B) a physical or mental disability, or an emotional disturbance;

(C) a recognized high risk of physical or mental disease because of

(i) abandonment or neglect;

(ii) alcohol or drug abuse in the child's home of origin;

(iii) domestic violence in the child's home of origin;

(iv) emotional, physical, or sexual abuse;

(v) prenatal exposure to alcohol, cocaine, or another addictive drug; or

(vi) the mental illness of a parent; and

(3) a reasonable, but unsuccessful, effort has been made to place the child without a subsidy; this paragraph does not apply if placement without a subsidy would be against the best interests of the child, including

(A) the existence of significant emotional ties with a prospective adoptive parent or guardian while in the care of that person as a foster child; or

(B) adoption or guardianship by a relative.

(b) Notwithstanding (a)(2) of this section, the department will determine an applicable child under 7 AAC 53.223 to be a hard-to-place child with special needs if the child meets

(1) the provisions of (a)(1) and (3) of this section; and

(2) the medical or disability requirements of Title XVI, adopted by reference in 7 AAC 53.299, with respect to eligibility for SSI benefits.

7 AAC 53.205

Eff. 3/31/2005, Register 173; am 4/13/2011, Register 198; am 7/1/2022, Register 242, July 2022

Authority:AS 13.26.153

AS 25.23.180

AS 25.23.200

AS 25.23.230

AS 47.14.100