Section 7 AAC 53.226 - Eligibility of a child in department custody for Title IV-E relative guardianship assistanceSubject 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(B) is eligible for Title IV-E foster care maintenance payments under 42 U.S.C. 672 (sec. 472 of the Social Security Act) and 7 AAC 53.010 - 7 AAC 53.199 for a period of at least six consecutive months during which the child resided in the home of the prospective relative guardian;(2) being returned to the home of a parent or other specified relative, or being adopted, is not an appropriate permanency option for the child;(3) the prospective guardian is a relative of the child and has been approved under a guardianship home study conducted under AS 25.23.200;(4) the prospective guardian's home (A) is licensed as a foster home (i) under AS 47.32 and in compliance with the applicable standards and requirements of 7 AAC 50, including having a valid background check under AS 47.05.300-47.05.390 and 7 AAC 10.900 - 7 AAC 10.990; or(ii) in another state and meets the criminal records check requirements of 42 U.S.C. 671(a)(20)(A) (sec. 471 (a)(20)(A) of the Social Security Act); and(B) meets the applicable requirements of 42 U.S.C. 672 (sec. 472 of the Social Security Act), adopted by reference in 7 AAC 53.299, for receiving foster care maintenance payments for the care of a child who is eligible for Title IV-E foster care;(5) the child demonstrates a strong attachment to the prospective relative guardian, and that guardian has a strong commitment to providing permanent care for the child;(6) for a child who has attained 14 years of age, the child has been consulted regarding the guardianship arrangement in accordance with that child's rights under AS 13.26.126; (7) the child described in (1), (2), (5), or (6) of this section has one or more siblings not so described, subject to the following:(A) the child and any sibling of the child may be placed in the same relative guardianship arrangement, if the department and the relative agree on the appropriateness of the arrangement for one or more of the siblings; and (B) the department will pay Title IV-E relative guardianship assistance payments on behalf of each sibling so placed; and(8) the prospective guardian has signed a Title IV-E relative guardianship subsidy agreement.Eff. 4/13/2011, Register 198; am 8/1/2015, Register 215, October 2015; am 6/29/2017, Register 222, July 2017; am 7/1/2022, Register 242, July 2022Authority:AS 13.26.153
AS 25.23.200
AS 25.23.210
AS 25.23.230
AS 47.14.100
AS 47.14.120