3.13.3 Another Planned Permanent Living Arrangement (APPLA)

AS 9.55.590 Removal of Disabilities of Minority

AS 47.10.080 Judgments and Orders

42 U.S.C. 675(5)(C) State Plan for Foster Care and Adoption Assistance (Title IV-E)

To provide clarification about under which circumstances another planned permanent living arrangement (APPLA) may be established as a permanency goal for a youth in the custody of Office of Children’s Services (OCS).

Federal Law:

1. If the title IV-E agency concludes, after considering Reunification, adoption, legal guardianship, or Permanent Placement with a Fit and Willing Relative, that the most appropriate permanency plan for a child is placement in another planned permanent living arrangement, the title IV-E agency must document to the court the compelling reason for the alternate plan. Examples of a compelling reason for establishing such a permanency plan may include the:

   1. case of an older teen who specifically requests that emancipation be established as his/her permanency plan;

   2. case of a parent and child who have a significant bond but the parent is unable to care for the child because of an emotional or physical disability and the child's foster parents have committed to raising him/her to the age of majority and to facilitate visitation with the disabled parent; or

   3. Tribe has identified another planned permanent living arrangement for the child.

State Law:

1. "Another planned permanent living arrangement" means a permanent living arrangement for a child who is committed to the custody of the department under AS 47.10.080(c)(1) that is an alternative to permanent placement with an Adult Family Member, and to reunification, adoption, and legal guardianship. The department may recommend to the court another planned permanent living arrangement for a child who is in state custody only if the:

   1. child is 16 years of age or older;

   2. department has unsuccessfully made intensive efforts to find a permanent placement for the child; and

   3. department, after considering reunification, adoption, legal guardianship, or permanent placement with a fit and willing relative, determines that there is a compelling reason that the most appropriate permanency plan for the child is placement in another planned permanent living arrangement, and the department documents for the court the compelling reason for the alternate plan. "Compelling reason" may include circumstances in which:

      1. the child has specifically requested that emancipation be established;

      2. a parent and child have a significant bond, but the parent is unable to care for the child because of an emotional or physical disability, and the child's foster parents have committed to raising the child to the age of majority and to facilitating visitation with the disabled parent.