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7 AAC 53.245. Adoption and guardianship subsidy agreement and payment. (a) If the department determines that the adoptive parent or guardian cannot provide for the child’s needs without financial assistance, the adoptive parent or guardian shall enter into a subsidized adoption or guardianship agreement negotiated with the department that

(1) includes the duration of the agreement, the amount of any subsidy payment, the nature and amount of any other payment, and services and assistance to be provided, including any nonrecurring adoption expense described in 7 AAC 53.255;

(2) provides that

(A) the agreement will remain in effect regardless of the state where the parent or guardian resides; and

(B) the department is financially responsible for providing specified medically necessary services if the services are not available in the state where the parent or guardian resides; and

(3) for adoption assistance under Title IV-E, includes a provision stating that the child is eligible for Medicaid services. (b) Before making a decision to approve a subsidy or adoption assistance under this section, the department will require

(1) repealed 4/13/2011;

(2) repealed 4/13/2011;

(3) a copy of

(A) the court order terminating the parental rights of all parents; if a termination order was not issued because both parents were deceased, a separate order with that finding is required; or

(B) a stipulation regarding permanency signed by all parties, with a signed order from the state court approving the stipulation, including a determination by the court that the child cannot return home, and the parents’ signed consent to adoption; and

(4) a home study approved by the department. (c) The department will provide subsidized adoption and guardianship payments subject to the availability of appropriations from the legislature and the provisions of AS 25.23.210. An income eligibility requirement does not exist for a prospective adoptive parent or guardian in determining the child’s eligibility for adoption or guardianship assistance payments. The amount of the payment will be determined through an agreement negotiated between a prospective