Section 7.53.205. Determination that a child is a hard-to-place child with special needs.

	(a)  For purposes of determining eligibility under 7 AAC 53.222 or 7 AAC 53.223, the department will determine that a child is a hard-to-place child with special needs if  
		(1) the child cannot or should not be returned to the parental home because  
			(A) parental rights have been terminated; or  
			(B) a determination has been made by a state court, or by a tribal court with jurisdiction of the child, that the child cannot or should not return to that home;  
		(2) a specific factor or condition makes the child a hard-to-place child within the meaning of AS 25.23.240; for purposes of this paragraph, a specific factor or condition includes any of the following, if it supports a reasonable conclusion that the child cannot be placed without a subsidy:  
			(A) ethnic background, age, or membership in a minority or sibling group;  
			(B) a physical or mental disability, or an emotional disturbance;  
			(C) a recognized high risk of physical or mental disease because of  
				(i) abandonment or neglect;  
				(ii) alcohol or drug abuse in the child's home;  
				(iii) domestic violence in the child's home;  
				(iv) emotional, physical, or sexual abuse;  
				(v) prenatal exposure to alcohol, cocaine, or another addictive drug; or  
				(vi) the mental illness of a parent; and  
		(3) a reasonable, but unsuccessful, effort has been made to place the child without a subsidy; this paragraph does not apply if placement without a subsidy would be against the best interests of the child, including  
			(A) the existence of significant emotional ties with a prospective adoptive parent or guardian while in the care of that person as a foster child; or  
			(B) adoption or guardianship by a relative.  
	(b)  Notwithstanding (a)(2) of this section, the department will determine an applicable child under 7 AAC 53.223 to be a hard-to-place child with special needs if the child meets  
		(1) the provisions of (a)(1) and (3) of this section; and  
		(2) the medical or disability requirements of Title XVI, adopted by reference in 7 AAC 53.299, with respect to eligibility for SSI benefits.  

Authorities

13.26.062;25.23.180;25.23.200;25.23.220;25.23.230;47.14.100

Notes

Reference

7 AAC 53.200
7 AAC 53.210
7 AAC 53.222
7 AAC 53.223
7 AAC 53.225
7 AAC 53.229

Authority

AS 13.26.062 AS 25.23.180 AS 25.23.200 AS 25.23.220 AS 25.23.230 AS 47.14.100

History

Eff. 3/31/2005, Register 173; am 4/13/2011, Register 198