Section 7.53.255. Reimbursement for nonrecurring adoption expenses.

	(a)  Except as provided in (g) of this section, the department will reimburse an adoptive parent or guardian of a hard-to-place child with special needs for a nonrecurring expense associated with obtaining a decree of adoption or a guardianship order if the expense is not incurred in violation of state or federal law and has not otherwise been reimbursed. The department will reimburse under this section only if an adoption or guardianship is final and the adoptive parent or guardian provides the department with a copy of the adoption decree or guardianship order. If the adoptive parent or guardian designates a third party to receive reimbursement under this subsection in accordance with (d)(3) of this section, the department will reimburse that third party instead of the adoptive parent or guardian. Only one third party may be designated for purposes of this section.  
	(b)  Except as provided in (g) of this section, if a sibling is also a hard-to-place child with special needs and is adopted or is placed with the guardian, either separately or at the same time, the department will treat each child as an individual, with separate reimbursement for nonrecurring expenses up to the maximum amount allowable for each child.  
	(c)  Except as provided in (g) of this section, the department will not pay more than a total of $2,000 in reimbursement under this section for each hard-to-place child with special needs. The department will not base reimbursement on the adoptive parent's or guardian's income or other resources. The department will pay reimbursement regardless of whether the child is  
		(1) eligible for adoption or guardianship assistance or a subsidy under 7 AAC 53.222, 7 AAC 53.223, 7 AAC 53.225, 7 AAC 53.226, AFDC, Title IV-E, or SSI; or  
		(2) in department custody.  
	(d)  The adoptive parent or guardian shall submit  
		(1) for department review and approval  
			(A) a final bill for each billable expense, regardless of whether the bill has been paid; and  
			(B) a receipt for each non-billable expense, including meals, lodging, and gas;  
		(2) a copy of the final decree of adoption or guardianship order; and  
		(3) a copy of a third-party designation signed by the adoptive parent or guardian, authorizing the department to release the payment directly to a third party, if the adoptive parent or guardian has designated a third party to receive the nonrecurring expense reimbursement.  
	(e)  A subsidy agreement negotiated under 7 AAC 53.245 must include a provision regarding any reimbursement approved under this section. If a subsidy is not negotiated, the adoptive parent or guardian shall sign an agreement for nonrecurring expenses before the final decree of adoption or guardianship order.  
	(f)  For purposes of this section, a nonrecurring expense includes reasonable and necessary attorney fees, court costs, home study fees, costs of preplacement visitation and travel, and other nonrecurring expenses that are directly related to the adoption or guardianship, including lodging and food for the child and for the adoptive parent or guardian if necessary to complete the adoption or guardianship process.  
	(g)  Notwithstanding (a) - (c) of this section, the department will not reimburse, for a nonrecurring expense, an adoptive parent of a child who, under 7 AAC 53.223, is an applicable hard-to-place child with special needs, if the child, as provided in 42 U.S.C. 673(a)(7) (sec. 473(a)(7) of the Social Security Act),  
		(1) is not a citizen or resident of the United States; and  
		(2) was adopted outside of the United States or was brought into the United States for the purpose of being adopted.  

Authorities

13.26.062;25.23.210;25.23.230;47.14.120

Notes

Reference

7 AAC 53.245

Authority

AS 13.26.062 AS 25.23.210 AS 25.23.230 AS 47.14.120

History

Eff. 3/31/2005, Register 173; am 4/13/2011, Register 198; am 8/1/2015, Register 215