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(a) A hard-to-place child with special needs who is in department custody and is not eligible for Title IV-E adoption assistance is eligible for a state adoption subsidy or guardianship subsidy.
(b) The department may determine, on a case by case basis, that a hard-to-place child with special needs who is not in department custody, and is not eligible for Title IV-E adoption assistance is eligible for a state adoption or guardianship subsidy because of a hardship situation, including any of the following:
(1) a sibling of the child has already been adopted by, or made a ward of, the family;
(2) the family has highly specialized skills to meet the child's needs, and the lack of a subsidy would prevent the adoption or guardianship.
(c) An adoptive parent or guardian of a child receiving a state adoption or guardianship subsidy shall apply for SSI for the child. If SSI is denied, the parent shall pursue the SSI appeal process. The department may approve the state subsidy when the appeal is submitted to the United States Social Security Administration. The adoptive parent or guardian shall notify the department of the outcome of the appeal. If SSI is approved, the department will charge the state subsidy to a Title IV-E subsidy.
(d) 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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Last modified 7/05/2006