7 AAC 53.225. Eligibility of a child adopted through a private agency or independently for Title IV-E adoption assistance

(a) A child who is adopted through a private adoption agency or independently is eligible for Title IV-E adoption assistance if the department has determined under 7 AAC 53.205 that the child is a hard-to-place child with special needs, and the child meets one of the following conditions:

(1) the child is eligible for SSI at the time the adoption petition is filed with the court;

(2) the child is adopted and receives Title IV-E adoption assistance, but the adoption later dissolves or the adoptive parents die;

(3) the child was voluntarily relinquished to a private nonprofit agency, and

(A) there is a petition to the court to remove the child from the child's home within six months of the time the child lived with a specified relative;

(B) a state court, or a tribal court with jurisdiction of the child, subsequently determines that the child cannot or should not be returned to the parental home because

(i) parental rights have been terminated; or

(ii) a determination has been made by a state court, or by a tribal court with jurisdiction of the child, that the child cannot return to that home; and

(C) the child would have been eligible for AFDC, according to the requirements that were in effect on July 16, 1996, in the month that the court proceedings that led to the removal were initiated, and at the time the adoption petition is filed with the court.

(b) The department will notify an adoptive parent in writing of the department's determination of eligibility under this section, and will advise the adoptive parent of the right to request a fair hearing under 7 AAC 53.265.

History: Eff. 3/31/2005, Register 173

Authority: AS 13.26.062

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