Alaska Administrative Code
Title 7 - Health and Social Services
Part 4 - Children's Services and Juvenile Justice
Chapter 53 - Social Services
Article 2 - Subsidized Adoption and Subsidized Guardianship Payments
7 AAC 53.205 - Determination that a child is a hard-to-place child with special needs
Universal Citation: 7 AK Admin Code 53.205
Current through August 30, 2024
(a) For purposes of determining eligibility under 7 AAC 53.222 or 7 AAC 53.223, the department will determine that a child is a hard-to-place child with special needs if
(1) the child cannot or should not be
returned to the parental home because
(A)
parental rights have been terminated; or
(B) a determination has been made by a state
court, or by a tribal court with jurisdiction of the child, that the child
cannot or should not return to that home;
(2) a specific factor or condition makes the
child a hard-to-place child within the meaning of
AS
25.23.240; for purposes of this paragraph, a
specific factor or condition includes any of the following, if it supports a
reasonable conclusion that the child cannot be placed without a subsidy:
(A) older age or membership in a sibling
group;
(B) a physical or mental
disability, or an emotional disturbance;
(C) a recognized high risk of physical or
mental disease because of
(i) abandonment or
neglect;
(ii) alcohol or drug abuse
in the child's home of origin;
(iii) domestic violence in the child's home
of origin;
(iv) emotional,
physical, or sexual abuse;
(v)
prenatal exposure to alcohol, cocaine, or another addictive drug; or
(vi) the mental illness of a parent;
and
(3) a
reasonable, but unsuccessful, effort has been made to place the child without a
subsidy; this paragraph does not apply if placement without a subsidy would be
against the best interests of the child, including
(A) the existence of significant emotional
ties with a prospective adoptive parent or guardian while in the care of that
person as a foster child; or
(B)
adoption or guardianship by a relative.
(b) Notwithstanding (a)(2) of this section, the department will determine an applicable child under 7 AAC 53.223 to be a hard-to-place child with special needs if the child meets
(1) the provisions
of (a)(1) and (3) of this section; and
(2) the medical or disability requirements of
Title XVI, adopted by reference in
7 AAC 53.299, with
respect to eligibility for SSI benefits.
Authority:AS 13.26.153
AS 25.23.180
AS 25.23.200
AS 25.23.230
AS 47.14.100
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