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(12) repealed 7/1/2022;

(13) repealed 7/1/2022; (e) An adoption or guardianship subsidy agreement must be signed and in effect before the adoption or guardianship is final. However, a subsidy may be approved for a child after the adoption or guardianship is final, regardless of whether the child is in department custody at the time of the adoption or guardianship, if a review under 7 AAC 54.500 or an evidentiary hearing under 7 AAC 54.510 indicates that

(1) relevant facts regarding the child were known by the department and were not presented to the adoptive parent or guardian before the adoption was finalized;

(2) the department’s decision was based upon a means test of the adoptive parent’s or guardian’s income or other resources, or on a life choice made by the adoptive parent or guardian, including a decision to leave a job to stay at home with the child or return to school;

(3) the department’s determination that the child is ineligible for Title IV-E adoption or guardianship assistance was made in error;

(4) the department failed to advise the adoptive parent or guardian about the availability of adoption or guardianship assistance for children in the state’s foster care system;

(5) a decrease in the amount of adoption or guardianship assistance was made without the adoptive parent’s or guardian’s concurrence; or

(6) the department’s denial of a request for a change in payment due to a change in the adoptive parent’s or guardian’s circumstances was made in error. (f) The department will pay

(1) the negotiated monthly rate at the beginning of the month for which payment is intended; and

(2) on a scheduled payment basis according to the subsidy agreement. (g) If an adoptive parent or guardian moves out of the state, the parent or guardian shall notify the department in advance. (h) Subsidy payments terminate when a child reaches 18 years of age. However, the department may immediately terminate the agreement and cease making payments if the department determines that the

(1) adoptive parent or guardian is no longer legally responsible for the child; an adoptive parent or guardian is considered to be no longer legally responsible for the child if

(A) parental rights have been terminated;

(B) the child becomes an emancipated minor, marries, or enlists in the military; or

Page 1547

Official source

(12) repealed 7/1/2022;

(1) relevant facts regarding the child were known by the department and were not presented to the adoptive parent or guardian before the adoption was finalized;

(3) the department’s determination that the child is ineligible for Title IV-E adoption or guardianship assistance was made in error;

(4) the department failed to advise the adoptive parent or guardian about the availability of adoption or guardianship assistance for children in the state’s foster care system;

(5) a decrease in the amount of adoption or guardianship assistance was made without the adoptive parent’s or guardian’s concurrence; or

(6) the department’s denial of a request for a change in payment due to a change in the adoptive parent’s or guardian’s circumstances was made in error. (f) The department will pay

(1) the negotiated monthly rate at the beginning of the month for which payment is intended; and

(1) adoptive parent or guardian is no longer legally responsible for the child; an adoptive parent or guardian is considered to be no longer legally responsible for the child if

(A) parental rights have been terminated;

(B) the child becomes an emancipated minor, marries, or enlists in the military; or