Section 15.23.113. Application on behalf of a child.

	(a)  An application for a dividend filed on behalf of a child must comply with the requirements of 15 AAC 23.103.  
	(b)  A child who otherwise qualifies is eligible to receive a dividend if the child is  
		(1) in the lawful and physical custody of an individual who meets the requirements of a sponsor under (c)(1) of this section and who  
			(A) is eligible for the dividend or would have been eligible for the dividend had the sponsor filed timely;  
			(B) was ineligible for the dividend due to AS 43.23.005(d) or due to having forfeited the dividend under AS 43.23.035(a) or (c); or  
			(C) is a minor parent filing on behalf of that parent's own minor child;  
		(2) in the custody of an agency of the state;  
		(3) released into the child's own custody by the Department of Health and Social Services under a court order; or  
		(4) in the custody of a tribal court of an Alaska Native entity within this state and on the list issued under 25 U.S.C. 479a-1 (Federally Recognized Indian Tribe List Act) of federally recognized Indian entities.  
	(c)  An application for a dividend may be filed on behalf of a child only by  
		(1) a sponsor who is  
			(A) a natural or adoptive parent of the child;  
			(B) the legal guardian of the child;  
			(C) a minor parent of the child; or  
			(D) except as provided in (2) of this subsection or (e) of this section, an authorized representative, if the authorized representative demonstrates to the satisfaction of the department that a need exists to sponsor the child, and the child does not have a sponsor under (A) - (C) of this paragraph; an authorized representative applying on behalf of a child must have had lawful and physical custody of the child at the time of application and for the majority of the qualifying year, or must be applying in accordance with a court order; or  
		(2) a representative of the Department of Health and Social Services for a child who is in that department's custody during the application period.  
	(d)  If the department accepts an application filed on behalf of a child by a sponsor under (c)(1) of this section, the department will not determine the child's eligibility until the time when the sponsor's eligibility has been determined.  
	(e)  A child whose adoption is pending during the qualifying year and who otherwise qualifies is eligible for a dividend regardless of the child's alienage or length of residency if  
		(1) the child's sponsor is a resident and was a resident during the entire qualifying year;  
		(2) the sponsor has physical custody of the child before the end of the qualifying year; and  
		(3) the adoption is ultimately finalized according to state law.  
	(f)  The department will not determine the eligibility of a child being adopted until the sponsor provides documentation, satisfactory to the department, that the adoption has been finalized according to state law.  
	(g)  The department may require an individual applying on behalf of a child to provide evidence of the individual's authority to apply on behalf of the child, including  
		(1) the child's birth certificate issued under AS 18.50  or under other similar provisions of law of another jurisdiction, showing the name of the individual making application as a parent of the child;  
		(2) a certified copy of a decree of divorce or dissolution of marriage issued under AS 25.24  or under other similar provision of law of another jurisdiction, showing the name of the individual making application as having sole or joint custody of the child;  
		(3) a certified copy of an adoption order or post-adoption birth certificate issued under AS 25.23  or under other similar provisions of law of another jurisdiction, showing the name of the individual making application as an adoptive parent of the child; or  
		(4) other information demonstrating the individual's qualification to apply for a dividend on behalf of the child.  
	(h)  The department will accept another eligible individual as a substitute sponsor of a child if the child meets all eligibility requirements but does not have an eligible sponsor on file with the department, so long as the substitute sponsor meets the requirements of a sponsor. The department will not approve the child's application for payment until the time when the substitute sponsor has been determined to be eligible by the department.  
	(i)  The department will reverse a denial of a child's permanent fund dividend application if the child was denied only due to the ineligibility of the child's original sponsor and the child's original sponsor is subsequently determined during processing, at review, at informal conference, at formal hearing, or by a court to be eligible for a dividend.  

Authorities

43.23.015;43.23.055

Notes

Reference

15 AAC 23.103
15 AAC 23.223
15 AAC 23.993

Authority

AS 43.23.015 AS 43.23.055

History

Eff. 1/1/93, Register 124; am 6/26/93, Register 126; am 12/24/93, Register 128; am 10/8/94, Register 131; am 3/30/95, Register 133; am 11/20/96, Register 140; am 1/1/99, Register 148; am 1/1/2006, Register 176; am 1/1/2011, Register 196; am 5/22/2016, Register 218