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(f) Notwithstanding any other provision of this section, the department will not make a payment, including reimbursement of a nonrecurring adoption expense, with respect to any applicable child if that child would otherwise be considered to be a hard-to-place child with special needs under (a) of this section, but, as provided in 42 U.S.C. 673(a)(7) (sec. 473(a)(7) of the Social Security Act),

(1) is not a citizen or resident of the United States; and

(2) was adopted outside of the United States or was brought into the United States for the purpose of being adopted. (g) An adoption assistance agreement under (b) or (d) of this section must comply with 42 U.S.C. 675(3) (sec. 475(3) of the Social Security Act), adopted by reference in 7 AAC 53.299. (h) In this section,

(1) “child care institution” has the meaning given in 42 U.S.C. 672(c) (sec. 472(c) of the Social Security Act);

(2) “foster family home” has the meaning given in 42 U.S.C. 672(c) (sec. 472(c) of the Social Security Act);

(3) “Indian tribal organization” has the meaning given in 25 U.S.C. 450b, as provided in 42 U.S.C. 672(a)(2)(B)(iii) and 679c(a) (secs. 472(a)(2)(B)(iii) and 479B(a) of the Social Security Act). (Eff. 4/13/2011, Register 198; am 8/1/2015, Register 215; am 7/1/2022, Register 242) Statutory Authority: Authority: AS 13.26.153 AS 25.23.230 AS 47.14.120

AS 25.23.210 AS 47.14.100 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: