Current through August 30, 2024
(a) An application
for a dividend filed on behalf of a child must comply with the requirements of
15 AAC 23.103.
(b) A child who otherwise qualifies is
eligible to receive a dividend if the child is
(1) in the lawful and physical custody of an
individual who meets the requirements of a sponsor under (c)(1) of this section
and who
(A) is eligible for the dividend or
would have been eligible for the dividend had the sponsor filed timely;
(B) was ineligible for the
dividend due to
AS
43.23.005(d) or due to
having forfeited the dividend under
AS
43.23.035(a) or (c); or
(C) is a minor parent filing on
behalf of that parent's own minor child;
(2) in the custody of an agency of the state;
(3) released into the child's own
custody by the Department of Health and Social Services under a court order;
or
(4) in the custody of a tribal
court of an Alaska Native entity within this state and on the list issued under
25 U.S.C.
479a-1 (Federally Recognized Indian Tribe
List Act) of federally recognized Indian entities.
(c) An application for a dividend may be
filed on behalf of a child only by
(1) a
sponsor who is
(A) a natural or adoptive
parent of the child;
(B) the legal
guardian of the child;
(C) a minor
parent of the child; or
(D) except
as provided in (2) of this subsection or (e) of this section, an authorized
representative, if the authorized representative demonstrates to the
satisfaction of the department that a need exists to sponsor the child, and the
child does not have a sponsor under (A) - (C) of this paragraph; an authorized
representative applying on behalf of a child must have had lawful and physical
custody of the child at the time of application and for the majority of the
qualifying year, or must be applying in accordance with a court order;
or
(2) a representative
of the Department of Health and Social Services for a child who is in that
department's custody during the application period.
(d) If the department accepts an application
filed on behalf of a child by a sponsor under (c)(1) of this section, the
department will not determine the child's eligibility until the time when the
sponsor's eligibility has been determined.
(e) A child whose adoption is pending during
the qualifying year and who otherwise qualifies is eligible for a dividend
regardless of the child's alienage or length of residency if
(1) the child's sponsor is a resident and was
a resident during the entire qualifying year;
(2) the sponsor has physical custody of the
child before the end of the qualifying year; and
(3) the adoption is ultimately finalized
according to state law.
(f) The department will not determine the
eligibility of a child being adopted until the sponsor provides documentation,
satisfactory to the department, that the adoption has been finalized according
to state law.
(g) The department
may require an individual applying on behalf of a child to provide evidence of
the individual's authority to apply on behalf of the child, including
(1) the child's birth certificate issued
under AS 18.50 or under other similar provisions of law of another
jurisdiction, showing the name of the individual making application as a parent
of the child;
(2) a certified copy
of a decree of divorce or dissolution of marriage issued under AS 25.24 or
under other similar provision of law of another jurisdiction, showing the name
of the individual making application as having sole or joint custody of the
child;
(3) a certified copy of an
adoption order or post-adoption birth certificate issued under AS 25 .23 or
under other similar provisions of law of another jurisdiction, showing the name
of the individual making application as an adoptive parent of the child; or
(4) other information
demonstrating the individual's qualification to apply for a dividend on behalf
of the child.
(h) The
department will accept another eligible individual as a substitute sponsor of a
child if the child meets all eligibility requirements but does not have an
eligible sponsor on file with the department, so long as the substitute sponsor
meets the requirements of a sponsor. The department will not approve the
child's application for payment until the time when the substitute sponsor has
been determined to be eligible by the department.
(i) The department will reverse a denial of a
child's permanent fund dividend application if the child was denied only due to
the ineligibility of the child's original sponsor and the child's original
sponsor is subsequently determined during processing, at review, at informal
conference, at formal hearing, or by a court to be eligible for a
dividend.
Authority:AS
43.23.015
AS
43.23.055
