Section 7 AAC 53.223 - Eligibility of an applicable child in department custody for Title IV-E adoption assistance(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(B) a voluntary placement agreement or voluntary relinquishment;(2) meets the medical or disability requirements of Title XVI, adopted by reference in 7 AAC 53.299, related to eligibility for SSI benefits; or(3) was residing in a foster family home or child care institution with the child's minor parent, and the child's minor parent was in that foster family home or child care institution under (A) an involuntary removal of the child from the home in accordance with a judicial determination that remaining in the home would be contrary to the welfare of the child; or(B) a voluntary placement agreement or voluntary relinquishment.(b) Subject to (d) of this section, a child is an applicable child under Title IV-E, if an adoption assistance agreement as described in (g) of this section has been entered into during the federal fiscal years from 2018 through 2024, as set out in 42 U.S.C. 673(e)(1) (sec. 473(e)(1) of the Social Security Act).(c) A child who meets the requirements of (a)(1), (2), or (3) of this section, and is an applicable child under (b) of this section, is eligible for an adoption subsidy under this section if (1) a prior adoption has been dissolved, or the child's adoptive parents have died; for purposes of this paragraph, the child's eligibility is based on the child's previous eligibility for Title IV-E adoption assistance; or(2) the child would have been determined eligible for a subsidy if P.L. 105-89 (Adoption and Safe Families Act of 1997) had been in effect at the time that the determination would have been made.(d) Notwithstanding (b) of this section, beginning with January 1, 2018, any child who has reached the child's second birthday by the end of the federal fiscal year in which the adoption assistance agreement as described in (g) of this section is entered into is an applicable child under Title IV-E, if the child meets the requirements of (a)(1), (2), or (3) of this section and (1) the child has been in foster care under the responsibility of the department for at least 60 consecutive months; or(2) the child is a sibling of a child who is an applicable child under (a) of this section, and is to be placed in the same placement as the applicable child who is that child's sibling.(e) 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 post-guardianship, in addition to the other adoption eligibility requirements of this section, the placement of the child with the relative guardian and any associated guardianship assistance payments made on behalf of the child before the finalization of the post-guardianship adoption, will be considered never to have been made for purposes of the adoption eligibility determination.(f) Notwithstanding any other provision of this section, the department will not make a payment, including reimbursement of a nonrecurring adoption expense, with respect to any applicable child if that child would otherwise be considered to be a hard-to-place child with special needs under (a) of this section, but, as provided in 42 U.S.C. 673(a)(7) (sec. 473(a)(7) of the Social Security Act),(1) is not a citizen or resident of the United States; and(2) was adopted outside of the United States or was brought into the United States for the purpose of being adopted.(g) An adoption assistance agreement under (b) or (d) of this section must comply with 42 U.S.C. 675(3) (sec. 475(3) of the Social Security Act), adopted by reference in 7 AAC 53.299.(h) In this section, (1) "child care institution" has the meaning given in 42 U.S.C. 672(c) (sec. 472(c) of the Social Security Act); (2) "foster family home" has the meaning given in 42 U.S.C. 672(c) (sec. 472(c) of the Social Security Act);(3) "Indian tribal organization" has the meaning given in 25 U.S.C. 450b, as provided in 42 U.S.C. 672(a)(2)(B)(iii) and 679c(a) (secs. 472(a)(2)(B)(iii) and 479B(a) of the Social Security Act).Eff. 4/13/2011, Register 198; am 8/1/2015, Register 215, October 2015; am 7/1/2022, Register 242, July 2022Authority:AS 13.26.153
AS 25.23.210
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