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adoptive parent or guardian and the department, taking into account the circumstances of the prospective adoptive parent or guardian and the needs of the child as described in this section. The amount of the subsidy will be negotiated under (d) of this section. The amount of the subsidy may be renegotiated to fit the child’s changing special needs and the circumstances of the adoptive parent or guardian. However, the amount of the payment may not exceed the foster care payment that would have been paid by the department during the same period if the child were in a foster home. (d) Factors that the department will consider in negotiating the amount of the subsidy include

(1) benefits received by the child that will continue after adoption or guardianship, including SSI and social security survivor benefits under 42 U.S.C. 401 — 434;

(2) unearned income received by the child as described in 7 AAC 53.230;

(3) child care if

(A) both adoptive or guardianship parents, or one parent in a single-parent household, are working, attending educational classes or training, or actively seeking work and no other household member is able to provide care for the child during the period of time that the adoptive parent or guardian is not available for the reasons set out in this subparagraph;

(B) the adoptive parent or guardian is unable to work, attend educational classes or training, or seek work without financial assistance for child care;

(C) the adoptive parent or guardian states that the need for the child care payment exceeds the limit of the subsidy amount and will cause financial hardship;

(D) child care costs are negotiated based on actual costs of care; the costs must be for a limited time, and will not exceed the rates which would have been paid in foster care; and

(E) the parent or guardian requests renegotiation of the subsidy if the child care is no longer needed during the period of time it is effective, or if the parent or guardian states that the family has a continued need after the child care portion of the subsidy expires; the parent or guardian is responsible for requesting renegotiation;

(4) cost of transportation that is extraordinary and required to meet the child’s special needs, including transportation to medical or behavioral health appointments, or transportation to support cultural continuity for the child if a request for cultural continuity transportation is made 30 days in advance of the travel date; transportation costs under this section do not include

(A) travel less than 50 miles a week;

(B) costs covered by Medicaid or other health insurance;

(C) costs for more than one escort for a trip regardless of the number of children travelling;

(D) visits longer than three days in-state or five days out-of-state;