Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-35 - INTERSTATE/INTERCOUNTRY SERVICES TO CHILDREN POLICY AND PROCEDURES › Section 660-5-35-.01 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Central
			 Registry - A statewide listing of information established by the Department of
			 Human Resources, known as the Central Registry, for reporting of child abuse
			 and neglect.
(2) Child - A person,
			 who by reason of minority, is legally subject to parental guardianship or
			 similar control. In the State of Alabama, the age of majority is nineteen (19)
			 years.
(3) Compact Administrator -
			 A person appointed in each state to oversee or perform the daily tasks
			 associated with the administration of the Interstate Compact on the Placement
			 of Children (ICPC). The Compact Administrator is designated to serve as the
			 central clearing point for all referrals for interstate placement and is
			 authorized to conduct the necessary investigation of the proposed placement to
			 determine whether or not the placement is in the best interest of the
			 child.
(4) Criminal History
			 Background Information Check - The review of any and all records containing any
			 information collected and stored in the criminal record repository of the
			 Federal Bureau of Investigation (FBI), and the Alabama Department of Public
			 Safety. This information involves arrests or convictions by a criminal justice
			 agency, including but not limited to, child abuse crime information as defined
			 by 42 U.S.C. §
									5119, the National Child Protection Act of
			 1993; conviction record information; fingerprint cards; correctional data and
			 release information; and identifiable descriptions and notation of convictions.
			 Criminal history background information does not include any analytical records
			 or investigative reports that contain intelligence information or criminal
			 investigation information.
(5)
			 Foster Care - Care of a child on a twenty four (24) hour a day basis away from
			 the home of the child'sparent(s). Such care may be by a relative of the child,
			 by a non-related individual, by a group home, or by a residential facility or
			 any other entity. In addition, if twenty four (24) hour a day care is provided
			 by the child's parent(s) by reason of a court-ordered placement (and not by
			 virtue of the parent-child relationship), the care is foster care.
(6) Interstate Compact on the Placement of
			 Children (ICPC) - A uniform law that has been enacted by all fifty (50) states,
			 the District of Columbia, and the U.S. Virgin Islands, and that establishes
			 orderly procedures for placing children across state lines for the purpose of
			 foster care or adoption, and that fixes responsibility for those involved in
			 placing the child; also referred to as the Compact.
(7) Placement - The arrangement of the care
			 of a child in a family free or boarding home or in a child-caring agency or
			 institution, but does not include any institution caring for the mentally ill,
			 mentally defective or epileptic, or any institution primarily educational in
			 character, and any hospital or other medical facility.
(8) Receiving State - The state to which a
			 child is sent, brought, or caused to be sent or brought, whether by public
			 authorities or private persons or agencies, and whether for placement with
			 state or local public authorities or for placement with private agencies or
			 persons.
(9) Relative - For the
			 purpose of placing a child with a relative, that person must be related to the
			 child by blood, marriage or adoption and must meet one of the following degrees
			 of relationship: parent, grandparent, brother, sister, step parent, step
			 brother, step sister, half brother, half sister, uncle or aunt, and their
			 spouses.
(10) Sending Agency - A
			 party state, officer or employee thereof; a subdivision of a party state, or
			 officer or employee thereof; a court of a party state; a person, corporation,
			 association, charitable agency or other entity which sends, brings, or causes
			 to be sent or brought any child to another party state.
(11) Visit - Visits and placements are
			 distinguished on the basis of purpose, duration, and the intention of the
			 person or agency with responsibility for planning for the child's place of
			 abode. If the purpose of a visit is to provide the child with a social or
			 cultural experience of short duration (e.g., a stay in a camp or with a friend
			 or relative who has not assumed legal responsibility for providing child care
			 services), the stay is considered a visit. If the child's stay is intended to
			 be for longer than thirty (30) days, the circumstance constitutes a placement
			 rather than a visit. A stay or proposed stay of longer than thirty (30) days is
			 a placement or proposed placement, except that a stay of longer duration may be
			 considered a visit if it begins and ends within the period of a child's
			 vacation from school as ascertained from the school's academic calendar. A
			 visit may not be extended or renewed in a manner that causes or will cause it
			 to exceed thirty (30) days or the school vacation period. If a stay does not,
			 from the outset, have an expressed end date, or if its duration is not clear
			 from the circumstances, it shall be considered a placement or proposed
			 placement and not a visit. Furthermore, a request for a home study or
			 supervision made by the person or agency which sends or proposes to send a
			 child on a visit and that is pending at the time that a visit is proposed will
			 establish a rebuttable presumption that the intent of the stay or proposed stay
			 is not a visit. A visit is not a placement within the meaning of the ICPC.
Author:
Jerome Webb
Statutory Authority:
42
				  U.S.C. §5119 National Child Protection
				  Act of 1993;
Code of Ala. 1975
, §§ 24-14-8,
				  38-7-15,
				  44-2-20.