Section 7.53.226. Eligibility of a child in department custody for Title IV-E relative guardianship assistance.

A child in department custody is eligible for Title IV-E relative guardianship assistance if  
		(1) the child  
			(A) has been removed from the home of a parent or other specified relative who is the child's legal guardian  
				(i) under a voluntary placement agreement; or  
				(ii) as a result of a judicial determination that remaining in the home would be contrary to the welfare of the child; and  
			(B) is eligible for Title IV-E foster care maintenance payments under 42 U.S.C. 672 (sec. 472 of the Social Security Act) and 7 AAC 53.010 - 7 AAC 53.199 for a period of at least six consecutive months during which the child resided in the home of the prospective relative guardian;  
		(2) being returned to the home of a parent or other specified relative, or being adopted, is not an appropriate permanency option for the child;  
		(3) the prospective guardian is a relative of the child and has been approved under a guardianship home study conducted under AS 25.23.200;  
		(4) the prospective guardian's home  
			(A) is licensed as a foster home  
				(i) under AS 47.32  and in compliance with the applicable standards and requirements of 7 AAC 50, including having a valid criminal history check under AS 47.05.300 - 47.05.390 and 7 AAC 10.900 - 7 AAC 10.990; or  
				(ii) in another state and meets the criminal records check requirements of 42 U.S.C. 671(a)(20)(A) (sec. 471 (a)(20)(A) of the Social Security Act); and  
			(B) meets the applicable requirements of 42 U.S.C. 672 (sec. 472 of the Social Security Act), adopted by reference in 7 AAC 53.299, for receiving foster care maintenance payments for the care of a child who is eligible for Title IV-E foster care;  
		(5) the child demonstrates a strong attachment to the prospective relative guardian, and that guardian has a strong commitment to providing permanent care for the child;  
		(6) for a child who has attained 14 years of age, the child has been consulted regarding the guardianship arrangement in accordance with that child's rights under AS 13.26.040; and  
		(7) the prospective guardian has signed a Title IV-E relative guardianship subsidy agreement.  

Authorities

13.26.062;25.23.200;25.23.210;25.23.230;47.14.100;47.14.120

Notes

Reference

7 AAC 53.200
7 AAC 53.222
7 AAC 53.223
7 AAC 53.255

Authority

AS 13.26.062 AS 25.23.200 AS 25.23.210 AS 25.23.230 AS 47.14.100 AS 47.14.120

History

Eff. 4/13/2011, Register 198; am 8/1/2015, Register 215