Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-34 - PROTECTIVE SERVICES FOR CHILDREN › Section 660-5-34-.11 - Protective Services And The Court

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Use of Court Intervention.
(a) Court intervention is to be used when
			 there is an immediate danger of physical or emotional harm to a child; the
			 parents are unwilling or unable to provide for the child's safety; the child is
			 abandoned, left alone, or unsupervised; the child is left in situations where
			 an imminent risk of serious harm exists; or there has been an out of home
			 nonfoster care safety plan in place for ninety days.
(b) The Department must show immediate or
			 threatened harm to a child when seeking protective custody and requesting
			 summary removal. Summary removal is accepting care of a child pending a court
			 hearing.
(c) Parents should be made
			 aware that court intervention is possible and may become necessary if child
			 safety cannot be assured. They should also be informed of any decision for
			 court referral unless danger to a child's welfare might be expected to result
			 from such advance knowledge by parents.
(d) Cases are brought to the attention of the
			 court having juvenile jurisdiction by making a complaint to the intake officer
			 alleging facts sufficient to establish the jurisdiction of the court, and facts
			 which show the child to be dependent in accordance with the statutory
			 definition of a "dependent child".
(e) The parents, guardians, or custodians
			 shall be informed of their right to be represented by counsel and, upon
			 request, counsel shall be appointed when the parents are unable, for financial
			 reasons, to retain their own. The court shall also appoint counsel for the
			 child in dependency cases when there is an adverse interest between parent and
			 child; or where the parent is an unmarried minor; or the parent is or has been
			 married and is under the age of 18 years; or when counsel is otherwise required
			 in the interests of justice. The Department will request that the child be
			 represented by an attorney in every case where the Department is seeking
			 custody.
(f) An attorney shall be
			 appointed as a guardian ad litem to represent the rights, interests, welfare
			 and well being of the child in court proceedings.
(g) If, at the conclusion of the hearing, a
			 judge finds the child to be dependent, any of the following orders may be
			 entered to protect the welfare of the child:
1. Permit the child to remain with parents,
			 guardian, or other custodian subject to conditions and limitations as the court
			 may prescribe;
2. Place the child
			 under protective supervision of the Department of Human Resources;
3. Transfer legal custody to any of the
			 following:
i. A County Department of Human
			 Resources;
ii. A local public
			 childplacing agency or private organization or facility licensed by the
			 Department of Human Resources or otherwise authorized by law to receive and
			 provide care for dependent children;
iii. A relative or other individual, whom
			 after study by the Department of Human Resources, is found by the court to be
			 qualified to receive and care for the child.
4. Make such other order as the court in its
			 discretion shall deem to be for the welfare and best interests of the child;
			 or
5. In appropriate cases, award
			 permanent custody to the State Department of Human Resources or to a licensed
			 childplacing agency with termination of parental rights and authorization to
			 place for adoption.