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(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. (Eff. 3/31/2005, Register 173; am 4/13/2011, Register 198; am 7/1/2022, Register 242) Statutory Authority: Authority: AS 13.26.153 AS 25.23.200 AS 47.14.100

AS 25.23.180 AS 25.23.230 7 AAC 53.210. Determination and disclosure. (a) A prospective adoptive parent or guardian must cooperate with the department to meet accepted standards as an adoptive parent or guardian, including successfully passing a fingerprint-based criminal background check in accordance with AS 47.05.300 — 47.05.390. The department will make a determination under this subsection after conducting a home study under AS 25.23.200. (b) After determining that a child is a hard-to-place child with special needs under 7 AAC 53.205, and that the adoptive parent or guardian meets accepted standards, including the positive results of a home study and successfully passing a criminal background check, the department