; (V) if the nongovernmental sponsor is the adoptive parent, the parent’s relationship to the alien child has been verified with the judicial court that issued the final legal adoption decree by the Secretary of Health and Human Services; and (VI) the Secretary of Health and Human Services has determined that the alien child is not a danger to himself or herself, a danger to the community, or a flight risk. (ii) Exceptions If the Secretary of Health and Human Services determines that an unaccompanied alien child is a victim of severe forms of trafficking in persons (as defined in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 )), a special needs child with a disability (as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 )), a child who has been a victim of physical or sexual abuse under circumstances that indicate that the child’s health or welfare has been significantly harmed or threatened, or a child with mental health needs that require ongoing assistance from a social welfare agency, such child may be placed with a grandparent or adult sibling if the grandparent or adult sibling meets the requirements for parents or legal guardians under subclauses (II), (III), and (IV) of clause (i). (iii) Failure to appear (I) Civil penalty Except as provided in subclause (II), if an unaccompanied alien child who was placed with a sponsor fails to appear in a mandatory court appearance, the sponsor shall be subject to a civil penalty of $250 per day until the alien appears in court, up to a maximum penalty of $5,000. (II) Burden of proof The penalty under subclause (I) shall not apply to a sponsor who— (aa) appears in person and proves to the immigration court that the failure to appear by the unaccompanied alien child was not the fault of the sponsor