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(b) Repealed 4/13/2011. (c) 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 review under 7 AAC 54.500 or an evidentiary hearing under 7 AAC 54.510. (d) If a legal guardian of a child who is receiving Title IV-E relative guardianship assistance under 7 AAC 53.226 seeks to adopt the child, the child’s eligibility will be determined based on the child’s circumstances at the time that the Title IV-E relative guardianship subsidy became effective. (Eff. 3/31/2005, Register 173; am 4/13/2011, Register 198; am 8/1/2015, Register 215) Statutory Authority: Authority: AS 13.26.062 AS 25.23.230 AS 47.14.120
AS 25.23.210 AS 47.14.100 7 AAC 53.223. Eligibility of an applicable child in department custody for Title IV-E adoption assistance. (a) A child who is considered an applicable child for a fiscal year under Title IV-E, as described in (b) of this section, 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 at the time of initiation of adoption proceedings, the child
(1) was in the care of a public or licensed private child placement agency or Indian tribal organization under
(A) an involuntary removal of the child from the home of a parent, or other specified relative who is the child’s legal guardian, in accordance with a judicial determination that remaining in the home would be contrary to the welfare of the child; for a child who was removed from the home
(i) before January 23, 2001, the determination must be made within six months after removal from the home; or
(ii) on or after January 23, 2001, the determination must be made in the first court ruling that pertains to the child’s removal; if the determination is not made in the first court ruling regarding removal from the home, the child is not eligible for Title IV-E adoption