Current through August 30, 2024
(a) To qualify for
assistance as a pregnant woman or as the caretaker relative of a dependent
child, an applicant or recipient who is a minor parent must reside in a living
arrangement that has been approved by the department.
(b) The department will approve the minor
parent's living arrangement if the minor parent chooses to reside with the
minor parent's parent or legal guardian.
(c) If the minor parent chooses to reside
with an adult relative who is not the minor parent's parent or legal guardian,
the department may review the home of the adult relative. The department will
not approve the living arrangement if the department finds that the living
arrangement
(1) does not provide a supportive
environment in which the minor parent is expected to learn and practice
appropriate parenting skills and develop other skills to promote the long-term
well-being and economic independence of the minor parent and dependent child;
or
(2) includes a history or
circumstances that would jeopardize the physical or emotional health of the
minor parent or the dependent child, as described in (d)(6)(A) - (E) of this
section.
(d) A minor
parent may claim that living with the minor parent's own parent, legal
guardian, or other adult relative is not appropriate. The department will
examine such a claim and make a determination based on the results of the
examination. The department will find that living with the minor parent's own
parent, legal guardian, or another adult relative is not appropriate if
(1) the minor parent does not have a living
parent, legal guardian, or other adult relative whose whereabouts are
known;
(2) no living parent, legal
guardian, or other adult relative will allow the minor parent and the dependent
child to reside in the parent's, legal guardian's, or other adult relative's
home;
(3) the minor parent lived
apart from the minor parent's parent or legal guardian for at least one year
before either the birth of the dependent child or the date of the minor
parent's application for assistance;
(4) the department determines that having the
minor parent live in the home of the minor parent's parent, legal guardian, or
other adult relative would endanger the physical or emotional health of another
individual in the home;
(5) the
department requires the minor parent to participate in education or vocational
training, or participate in a licensed substance abuse treatment program, and
appropriate education, vocational training, or substance abuse treatment is not
available in the community where the parent, legal guardian, or other adult
relative lives; or
(6) the physical
or emotional health of the minor parent or the dependent child would be
jeopardized if they resided with the parent, legal guardian, or other adult
relative; the department will find that emotional or physical health would be
jeopardized in a living arrangement if the department discovers a history or
circumstances in that home of
(A) physical
acts that resulted in, or had the potential to result in, serious injury to a
minor;
(B) financial exploitation
of a minor;
(C) sexual abuse,
including any sexual activity involving a dependent child, coercion of a minor
to engage in sex activities, or any threat or attempt to engage in sexual
abuse;
(D) emotional abuse severe
enough to result in long-term impairment of an individual's functional
capacity; or
(E) neglect or
deprivation of necessary medical care.
(e) If the department finds that it is not
appropriate for a minor parent to live with the minor parent's own parent,
legal guardian, or other adult relative, the minor parent must reside in an
alternative living arrangement that is approved by the department. The
department will help the minor parent identify an approved living arrangement.
Subject to the requirements of (f) of this section, arrangements that the
department will approve include living in
(1)
a licensed maternity home, including a group home for pregnant or parenting
teenagers; or
(2) the private home
of an unrelated adult.
(f) Before approving an alternative living
arrangement under (e)(2) of this section, the department will examine the
proposed living arrangement. The department will approve the living arrangement
only if the arrangement
(1) provides
supervision of the minor parent by a responsible adult who is at least 21 years
of age;
(2) provides a supportive
environment in which the minor parent is expected to learn and practice
appropriate parenting skills and develop other skills to promote the long-term
well-being and economic independence of the minor parent and dependent
child;
(3) does not include
circumstances that would jeopardize the physical or emotional health of the
minor parent or the dependent child, as described in (d)(6) of this section;
and
(4) has received provisional or
final approval for licensure as a foster home under AS 47.35.
(g) If the department determines
that it will further the purposes of the ATAP program, the department may allow
a minor parent to remain in a temporary alternative living arrangement for up
to 60 days while the department examines the minor parent's claim that living
with the minor parent's own parent, legal guardian, or other adult relative is
not appropriate or helps the minor identify and secure an appropriate
alternative living arrangement.
(h)
The department will require that the payment of a minor parent be distributed
whenever possible to an adult payee who is the parent, legal guardian, adult
relative, or provider of an alternative living arrangement with whom the minor
parent resides. The adult payee shall agree in writing to use the payment to
provide for the needs of the minor parent and the minor parent's
child.
(i) The department may
contract or otherwise arrange with other social service providers to
(1) conduct the examinations required under
(d) and (f) of this section; or
(2)
help a minor parent identify an alternative living arrangement under (e) of
this section.
(j) For
the purposes of
AS
47.27.027, a minor parent is considered to be
maintaining an adequate level of school attendance if the minor parent is
enrolled in and regularly attending a secondary school or appropriate training
program, and attendance, as verified by an official of that school or program,
is adequate to meet graduation or program certification requirements. Breaks in
attendance due to official school vacations or other good cause, as
demonstrated by the minor parent, do not constitute inadequate attendance.
Under this subsection, "good cause" is found to exist if
(1) school attendance interferes with the
minor parent's attempt, or an attempt by a member of the minor parent's
immediate family, to escape domestic violence or its escalation;
(2) the minor parent must appear in court or
is in detention under
AS
47.12.240 or incarcerated;
(3) necessary transportation to school or
program breaks down or otherwise becomes unavailable, and the minor parent
lacks a reasonable alternative;
(4)
weather conditions prohibit travel;
(5) the minor parent is caring for the minor
parent's child under 13 weeks of age;
(6) a sudden and temporary situation arises,
which is beyond the control of the family and affects the health of the minor
parent or the minor parent's child or otherwise affects the minor parent's
ability to comply, such as illness, death, or an act of nature;
(7) the minor parent cannot find appropriate
child care, as defined in
7 AAC 45.260(h).
Authority:AS
47.05.010
AS 47.05.015
AS 47.27.005
AS
47.27.027
