7 Alaska Admin. Code § 53.400

Current through May 31, 2024
Section 7 AAC 53.400 - Eligibility for resumption of state custody
(a) A petition for resumption of custody may be submitted to the court for a person who is no longer in state custody if
(1) the department placed the person in out-of-home care immediately before the person was released from state custody;
(2) the person
(A) was released to the person's own custody after reaching 18 years of age and consents to resumption of custody;
(B) was at least 16 years of age and was released to the person's own custody after the disabilities of minority were removed under AS 09.55.590 and consents to resumption of custody;
(C) was at least 16 years of age and released to the custody of a parent or guardian because the person refused out-of-home care, has reached 18 years of age, and consents to resumption of custody; or
(D) was at least 16 years of age and released to the custody of a parent or guardian because the person refused out-of-home care, has not reached 18 years of age, and consents to resumption of custody, and if grounds for filing a child-in-need-of-aid petition do not exist;
(3) the person meets the requirements of AS 47.10.080(v)(3); and
(4) the person signs a custody resumption agreement that the department has prepared and that includes a provision that the person agrees to actively participate in
(A) developing the transition plan; and
(B) services designed to promote self-sufficiency.
(b) A person is not eligible under AS 47.10.080(v) or this chapter if that person
(1) is married;
(2) does not reside in this state;
(3) fails to comply with requirements of probation or parole, if any;
(4) is in or enters active duty in the military; or
(5) refuses to sign the agreement referred to in (a)(4) of this section.

7 AAC 53.400

Eff. 12/10/2011, Register 200; am 8/1/2015, Register 215, October 2015; am 7/1/2022, Register 242, July 2022

Authority:AS 47.06.010

AS 47.10.080

AS 47.14.010