Alaska Administrative Code

(a) Each juvenile must be offered the opportunity for physical exercise for a minimum of three and a half hours a week, and a recreation program compatible with the varying needs and abilities of juveniles residing at the facility. (b) Indoor physical exercise may be substituted …

(a) Each juvenile must be given a reasonable opportunity to pursue the juvenile's faith. (b) Participation in religious services conducted at a facility is voluntary. Notes 7 AAC 52.435 Eff. 7/3/80, Register 74; am 1/14/2000, Register 153 Authority:AS 47.05.010 AS 47.14.010 AS 47…

Unless a court orders otherwise, a juvenile must be released from detention whenever 48 hours have passed and the juvenile has not had a hearing under AS 47.12.250. Notes 7 AAC 52.440 Eff. 7/3/80, Register 74; am 1/14/2000, Register 153 Authority:AS 47.05.010 AS 47.12.250 AS 47.1…

(a) A set of rules, along with the potential disciplinary action for violation of those rules, must be adopted for each living unit within a facility. These rules must be in writing, must be given to each juvenile entering the facility, and must be available for inspection by the…

(a) When a juvenile's behavior necessitates placement in secure confinement for the safety of the juvenile or others, or to ensure the security of the facility, the juvenile may be so confined for a period of up to 24 hours. Secure confinement for periods of more than 24 hours mu…

A disciplinary action may not be taken in the form of depriving a juvenile of adequate food, drink, clothing, bedding, or adequate room temperature. Corporal punishment may not be used. Notes 7 AAC 52.455 Eff. 7/3/80, Register 74; am 1/14/2000, Register 153 Authority:AS 47.05.010…

In this chapter, unless the context otherwise requires (1) repealed 1/14/2000; (2) "admission" means the administrative process of initially accepting a juvenile into a juvenile correctional facility or a juvenile detention facility; (3) "commissioner" means the commissioner of t…

To be eligible for payments for foster care, including payments to relatives under 7 AAC 67.025, a foster parent must be licensed to (1) operate a foster home in accordance with the applicable standards and requirements of AS 47.32 and 7 AAC 67; (2) operate an assisted living hom…

(a) Subject to appropriation, and unless another source of payment is available from or through the department for the child's care, the department will provide payment for a child committed to the custody of the state and (1) placed in a licensed foster home by the department un…

(a) Subject to (b) of this section, the department will pay a base rate for foster care for a child placed by the department or a by tribal entity that has a tribal Title IV-E pass-through maintenance agreement or a memorandum of agreement for state placement in a tribe-licensed …

(a) The department will authorize emergency shelter rates for a foster home that meets the requirements of 7 AAC 50.610. (b) Emergency shelter rates are 125 percent of the base rate for the age range set out in 7 AAC 53.030(b)(3) and adjusted for geographic differentials. (c) The…

(a) Subject to appropriation, documented need, and approval by the department, the department may pay ongoing direct costs in addition to the base rate under 7 AAC 53.030 incurred in providing for the necessary care of the child who has been placed by the department. (b) Ongoing …

(a) In addition to the base rate under 7 AAC 53.030 and subject to appropriation, the department may approve difficulty-of-care augmented rates for a child, if after assessment the department determines that the child's needs are at a level that exceeds the basic care provided in…

(a) In addition to the base rate under 7 AAC 53.030 and subject to appropriation, the department may pay intensive augmented rates for a child, if the department determines that the child's needs are at a level set out in this section. The department will establish intensive augm…

In addition to the base rate under 7 AAC 53.030 and subject to appropriation, if a child in foster care is a parent, and if the parent and the parent's child are placed together in the same foster home, the department will pay the foster parent an augmented rate for the child not…

Services provided by the epartment of Health divisions that oversee behavioral health services and senior and disabilities services are rates that are in addition to the services described in this chapter. Nothing in this chapter prevents a child from being eligible for services …

Notes 7 AAC 53.065 Eff. 11/16/94, Register 132; repealed 1/1/2001, Register 156 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will …

(a) Subject to appropriation, documented need, and approval by the department, the department may pay for specialized foster care training under this section. The department may require that foster parents attend and complete a specialized training program approved by the departm…

Notes 7 AAC 53.070 Eff. 11/23/78, Register 68; am 7/1/90, Register 114; am 3/31/2005, Register 173; repealed 8/1/2015, Register 215, October 2015 The substance of 7 AAC 53.070 was formerly contained in 7 AAC 50.740. The history note includes the history of the earlier provision. …

(a) Except as otherwise provided in this chapter, the department will pay the appropriate rate established under 7 AAC 53.010 - 7 AAC 53.040 and 7 AAC 53.060 - 7 AAC 53.062 multiplied by the number of days of care provided for a child placed in a licensed foster home. (b) The dep…

Notes 7 AAC 53.090 Eff. 7/1/90, Register 114; am 1/1/96, Register 136; am 3/31/2005, Register 173; am 4/13/2011, Register 198; am 12/10/2011, Register 200; am 8/1/2015, Register 215, October 2015; repealed 7/1/2022, Register 242, July 2022 State regulations are updated quarterly;…

(a) It is the policy of this state, through the division of risk management in the Department of Administration, to indemnify and defend a foster parent for an injury that occurs during the performance and within the scope of duty as a foster parent, including (1) accidental inju…

(a) Modest damages and loss costs are normal in the care of children, and are included in the base rate; however, the department may reimburse a foster parent for damages and loss up to $6,000 if (1) the damage or loss is a result of a deliberate act with malicious intent of the …

(a) A foster parent who maintains a licensed foster care residence in this state and who is approved to travel to an in-state activity will continue to receive the applicable rates set under 7 AAC 53.030 - 7 AAC 53.062 for up to 30 days unless the department approves additional t…

(a) A foster parent who is a resident of this state and who receives prior approval to vacation outside the state with a foster child will continue to receive the applicable rates set under 7 AAC 53.030 - 7 AAC 53.062 for up to 30 days unless the department approves additional ti…

Notes 7 AAC 53.130 Eff. 11/23/78, Register 68; am 7/1/90, Register 114; repealed 11/16/94, Register 132 Effective in Register 132, the substance of 7 AAC 53.130 was moved to 7 AAC 53.030(e). State regulations are updated quarterly; we currently have two versions available. Below …

(a) The department may pursue repayment under this section from a current or former foster parent who received an overpayment, regardless of whether the overpayment was the result of an administrative error or oversight by the department. (b) To request repayment under this secti…

Notes 7 AAC 53.140 Eff. 11/23/78, Register 68; am 3/31/82, Register 81; am 7/1/90, Register 114; am 1/1/96, Register 136; am 3/31/2005, Register 173; am 4/13/2011, Register 198; am 12/10/2011, Register 200; repealed 8/1/2015, Register 215, October 2015 For definitions applicable …

In 7 AAC 53.010 - 7 AAC 53.199, unless the context requires otherwise, (1) "child" has the meaning given in AS 47.10.990; (2) "child's placement plan" means a plan developed to ensure appropriate goals and objectives for a child placed by the department in a foster home, includin…

(a) The purpose of subsidized adoption and guardianship is to facilitate the permanent placement of a child who is(1) determined under 7 AAC 53.205 to be a child with special needs who is hard to place; and (2) eligible for a subsidy under 7 AAC 53.222, 7 AAC 53.223, 7 AAC 53.225…

(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 term…

(a) A prospective adoptive parent or guardian must cooperate with the department to meet accepted standards as an adoptive parent or guardian, including successfully passing a fingerprint-based criminal background check in accordance with AS 47.05.300-47.05.390. The department wi…

Notes 7 AAC 53.220 Eff. 7/1/90, Register 114; am 11/16/94, Register 132; repealed 3/31/2005, Register 173 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More…

(a) A child in department custody who is not an applicable child eligible for assistance under 7 AAC 53.223 is eligible for Title IV-E adoption assistance under this section if the department has determined under 7 AAC 53.205 that the child is a hard-to-place child with special n…

(a) A child who is considered an applicable child for a fiscal year under Title IV-E, as described in (b) of this section, is eligible for Title IV-E adoption assistance if the department has determined under 7 AAC 53.205 that the child is a hard-to-place child with special needs…

(a) A child who is adopted through a private adoption agency or independently is eligible for Title IV-E adoption assistance if the department has determined under 7 AAC 53.205 that the child is a hard-to-place child with special needs, and the child meets one of the following co…

Subject to the requirements of this section, a child in department custody is eligible for Title IV-E guardianship assistance. A child's eligibility under this section is not affected by the replacement of a guardian with a successor guardian, due to the event of the death or inc…

(a) A hard-to-place child with special needs who is in department custody and is not eligible for Title IV-E adoption assistance is eligible for a state adoption subsidy or guardianship subsidy. (b) A hard-to-place child with special needs who is not in department custody and doe…

(a) Subject to (c) of this section, the department may provide a deferred subsidy in accordance with AS 25.23.210 and the applicable provisions of this chapter to a child for whom a factor or condition under 7 AAC 53.205(a) (2)(B) has not yet been demonstrated through a documente…

An adoptive parent or guardian shall apply to become a representative payee for any (1) SSI benefits that the child is eligible to receive; (2) other social security benefits under 42 U.S.C. 301- 42 U.S.C. 1397mm; or (3) other unearned income that the child in department custody …

(a) A Title IV-E adoption or guardianship subsidy includes Medicaid coverage. (b) A state adoption subsidy may include Medicaid coverage, as described in 7 AAC 53.227(c). (c) A state guardianship subsidy does not include Medicaid coverage. (d) If the adoptive or guardianship fami…

(a) If the department determines that the adoptive parent or guardian cannot provide for the child's needs without financial assistance, the adoptive parent or guardian shall enter into a subsidized adoption or guardianship agreement negotiated with the department that (1) includ…

Notes 7 AAC 53.250 Eff. 7/1/90, Register 114; am 11/16/94, Register 132; am 1/10/97, Register 141; repealed 3/31/2005, Register 173 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the pri…

(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…

(a) If an adoptive parent or guardian requests a change in the subsidy amount before or after the adoption or guardianship is final, the department will negotiate the amount with the adoptive parent or guardian. (b) Any adjustment in the monthly payment under (a) of this section …

Notes 7 AAC 53.265 Eff. 3/31/2005, Register 173; repealed 4/13/2011, Register 198 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features wil…

In 7 AAC 53.200 - 7 AAC 53.299, unless the context requires otherwise, (1) "adoptive parent" means (A) an individual, including a foster/adopt individual, who has applied to adopt a hard-to-place child with special needs whose birth parents' rights have been relinquished or termi…

7 AAC 53.300 - 7 AAC 53.370 apply, unless otherwise indicated, for children in department custody or under the supervision of the department. Notes 7 AAC 53.300 Eff. 7/1/90, Register 114; am 7/1/2022, Register 242, July 2022 Authority:AS 47.06.010 AS 47.06.065 AS 47.10.080 AS 47.…

(a) The department will pay for adequate clothing as determined by the department at the time of the initial placement of a child in an out-of-home care setting. If the child is placed in successive settings, the department will determine the adequacy of clothing at the time of e…

(a) The parents of a child in department custody are expected to be responsible for necessary medical, dental, diagnostic, and therapeutic services for the child. (b) If the child is eligible to receive Medicaid benefits, payment for the medical, dental, diagnostic, and therapeut…