reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-30 - TERMINATION OF PARENTAL RIGHTS › Section 660-5-30-.04 - Relinquishments

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
Code of Ala. 1975
, §
								26-10A-7, provides for a parent to
			 relinquish physical custody of a child to the Department of Human Resources or
			 a licensed child-placing agency for purposes of adoption. Legal custody is
			 transferred to the adoptive parents through the Interlocutory Order which
			 occurs several months following the adoptive placement.
(2) The concurrence of the Office of Adoption
must
be given prior to the County Department taking a
			 relinquishment.
(3) The County
			 Director is the individual appointed to take Relinquishment of Minor for
			 Adoption. He or she may delegate that authority to the program supervisor (if
			 there is one) or the line supervisor responsible for placement of children for
			 adoption from the County Department. In any case involving the relinquishment
			 of a child for adoption by a minor parent, the County Department must request,
			 by filing a motion with the Probate Court, that the court appoint a GAL for
			 that minor parent
prior to
taking the relinquishment.
			 The GAL must be present when the relinquishment is taken. If possible, the
			 parents of the minor parent who is relinquishing a child should also be present
			 when the relinquishment is taken.
(4) When a child is relinquished to the
			 Department, the adoptive placement can be made after the expiration of the
			 fourteen (14) day withdrawal period.
Author:
Shawanda Harris
Statutory Authority:
Code of Ala.
				  1975
, §§
										12-15-317 through
				  12-15-319,
				  38-2-6(10), (14),
				  12-15-315,
				  12-15-312; and the Adoption and
				  Safe Families Act of 1997 (ASFA),
				  Public Law
				  105-89.
R.C. v Hornsby
,
				  No 88-H-1170-N, Consent Decree (M.D. Ala. Approved December 18, 1991),
				  (Terminated January 16, 2007).
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-30 - TERMINATION OF PARENTAL RIGHTS › Appendix A

Current through Register Vol. 42, No. 9, June 28, 2024
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Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-31 - HOMEMAKER SERVICES FOR CHILDREN › Section 660-5-31-.01 - Definition

Current through Register Vol. 42, No. 9, June 28, 2024
Homemaker Services for Children is assistance provided by
				homemakers to help families with children by teaching them good methods of home
				management, child care and personal care; and by managing and keeping the
				family's home in operation including the provision of supplemental care of
				children when the parent, responsible relative, or foster parent is disabled,
				temporarily out of the home, or for other reason is temporarily unable to
				provide such care. Service also includes casework service relating to the need
				for, acceptance of, and appropriate use of the service and information and
				referral.
Author:
Statutory Authority:
Code of Ala.
				  1975
, Title 38; Title XX of the Social Security Act,
				  42 U.S.C.
				  1397.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-31 - HOMEMAKER SERVICES FOR CHILDREN › Section 660-5-31-.02 - Provision Of Homemaker Services For Children

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Because of a limitation of funds,
			 Homemaker Services for Children is provided only in certain counties. However,
			 Waivered Homemaker Services will be available when a child who is an SSI or
			 State Supplementation recipient has been approved for waivered Services by the
			 Alabama Medicaid Agency and who without the provision of Homemaker Services
			 would require nursing home care, and a child who is an SSI or a State
			 Supplementation recipient whose physician has certified that the recipient
			 would be in need of ICF or SNF care, and whose application for Waivered
			 Services is pending a determination by Medicaid.
(2) Families who are eligible for Homemaker
			 Services for Children when such service is a part of the case plan for the
			 child and family and who are eligible for Title XX services:
(a) Recipient of Aid to Dependent Children
			 (ADC), Supplemental Security Income (SSI), or State Supplementation
			 (SUP);
(b) Income Eligible (IE)
			 recipient; and
(c) Without Regard
			 to Income (WRTI) in protective service cases and limited to a maximum of 90
			 days in any six-month period.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-31 - HOMEMAKER SERVICES FOR CHILDREN › Section 660-5-31-.03 - Termination Of Homemaker Services For Children

Current through Register Vol. 42, No. 9, June 28, 2024
(1) If terminations or reductions are
			 necessary due to funding reductions, the persons most recently authorized will
			 be the first terminated or reduced unless this is a protective service
			 case.
(2) Homemaker Services are to
			 be terminated:
(a) When goals of service have
			 been achieved;
(b) When there is a
			 joint decision that the family has reached a point at which Homemaker Services
			 for Children can no longer be helpful;
(c) When there is mutual recognition that the
			 parents/relatives are becoming unnecessarily dependent upon the service, and
			 are able to manage without the service, and continuation would impede
			 independent functioning;
(d) When,
			 because of physical danger, contagious disease or disrespectful treatment, the
			 homemaker's well-being is in jeopardy; or
(e) When circumstances in the household
			 change and another plan must be made for the care of the children.
Author:
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-33 - EMERGENCY ASSISTANCE TO FAMILIES WITH CHILDREN PROGRAM › Section 660-5-33-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Emergency
			 Assistance to Families with Children Program (EA) is administered by the
			 Department of Human Resources in order to maximize federal support for the
			 provision of child welfare services to families and children.
(2) Whether a family is or is not eligible
			 for Emergency Assistance will not affect the provision of other assistance and
			 services to families and children to which they are otherwise entitled.
Author:
Jeanette Gautney
Statutory Authority:
Title IV-A of the Social
				  Security Act, Section 406[
				  42 U.S.C.
				  606] (e)(1); 45 CFR 233.120.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-33 - EMERGENCY ASSISTANCE TO FAMILIES WITH CHILDREN PROGRAM › Section 660-5-33-.02 - Determination Of Emergency Assistance Eligibility

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Application
.
(a) An application for Emergency Assistance
			 must be completed for each family by a service worker in the County Department
			 of Human Resources when the worker determines that an emergency exists and that
			 in-house or purchased services are needed for the family and child(ren); i.e.,
			 when the case is opened.
(b) The
			 application must be completed within 72 hours of the initiation of
			 services.
(c) The application is to
			 be signed by a child's responsible parent/relative or by the County Department
			 of Human Resources service worker if the parent/responsible relative is not
			 available or unwilling to participate in the application.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-33 - EMERGENCY ASSISTANCE TO FAMILIES WITH CHILDREN PROGRAM › Section 660-5-33-.03 - Authorization Of Assistance

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A
			 family who is determined to be eligible shall receive an Emergency Assistance
			 authorization for a period not exceeding twelve months.
(2) The effective date of the authorization
			 is the first date in which the child is in foster care, custody, supervision,
			 or when purchased services are to be delivered. The date cannot be more than
			 three days before the application date and cannot be more than three days after
			 the application date.
(3) Subject
			 to their respective assistance or service eligibility criteria, the following
			 assistance and services may be provided when determined as necessary by a
			 service worker in the County Department:
(a)
			 Assistance with paying for care of a child in a shelter, foster home or other
			 child care facility as well as emergency living expenses, as appropriate and
			 necessary, to alleviate the family's emergency; and
(b) Services such as information and
			 referral, case planning and case management, counseling, support activities to
			 normalize family functioning, and health care and health maintenance
			 activities.
Author:
Jeanette Gautney
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-34 - PROTECTIVE SERVICES FOR CHILDREN › Section 660-5-34-.01 - Definition Of Protective Services For Children

Current through Register Vol. 42, No. 9, June 28, 2024
Services directed toward preventing or remedying abuse,
				neglect, or exploitation of children under the age of 18 years unable to
				protect their own interests or harmed or threatened with harm by a person
				responsible for the individual's health or welfare (and for runaways) through:
(1) nonaccidental physical or mental
			 injury;
(2) sexual abuse or
			 exploitation;
(3) or negligent
			 treatment or maltreatment including the failure to provide adequate food,
			 medical treatment, clothing or shelter. Services include: identifying children
			 in need of protection, receiving child abuse and neglect reports, making
			 reports to the central registry, assessing complaints or reports, diagnosis and
			 evaluation, making reports to courts having juvenile court jurisdiction,
			 providing casework and counseling services, providing information and referral,
			 supervision of child in home of parents or relatives, arranging protective
			 placement, providing legal services, arranging medical care, making use of
			 community resources, including training for parents and providing shelter care
			 including clothing when shelter care is provided in a purchase of service
			 contract. Shelter (and clothing and transportation under a purchase of service
			 contract) is limited to 30 days in any six months period. Service also includes
			 transportation of runaways from and to another state and transportation for
			 children returned to this state and transportation for children returned to the
			 state and from this state to another state pursuant to placement agreements. In
			 combination with these services certain other services may be provided without
			 regard to income when used to prevent or remedy abuse, neglect, or exploitation
			 of the individual receiving protective services for children. These services
			 are: homemaker services for children (limited to 90 days Without Regard To
			 Income [WRTI] in any six months period) and day care for children (limited to
			 90 days WRTI in any six months period).
Author:
Jerome Webb
Statutory Authority:
Code of Ala.
				  1975
, Titles 12, 26, and 38; Title XX of the Social Security Act,
				  42 U.S.C.
				  1397.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-34 - PROTECTIVE SERVICES FOR CHILDREN › Section 660-5-34-.02 - Protective Services As Specialized Social Services

Current through Register Vol. 42, No. 9, June 28, 2024
(1) When complaints or reports are received,
			 the County Department has the duty and responsibility to assess the complaint
			 or report, and:
(a) evaluate the extent to
			 which children are being harmed or are at risk of serious harm;
(b) evaluate the parents' capacity to improve
			 the situation;
(c) provide the
			 supportive services needed to better the family's situation for children;
			 and
(d) when parents are unable to
			 use this help, invoke legal authority of the court by petition and secure
			 adequate protection, care, and treatment for children whenever necessary to
			 meet their needs and rights.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-34 - PROTECTIVE SERVICES FOR CHILDREN › Section 660-5-34-.03 - Reporting Of Complaints Of Abuse/Neglect

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Reports of child abuse/neglect are
			 received by a duly constituted authority which is defined in the law to mean:
(a) The chief of police of a municipality or
			 municipality and county;
(b) The
			 sheriff, if the observation of child abuse or neglect is made in an
			 unincorporated territory;
(c) The
			 Department of Human Resources; or
(d) Any person, organization, corporation,
			 group, or agency authorized and designated by the Department of Human Resources
			 to receive such reports.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-34 - PROTECTIVE SERVICES FOR CHILDREN › Section 660-5-34-.04 - Intake In Protective Services

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A report of alleged child abuse/neglect
			 is not accepted on any persons who have reached their eighteenth
			 birthday.
(2) A report of alleged
			 child abuse/neglect is not accepted on an unborn child. Other Department or
			 community services may be provided to the family of the unborn child as deemed
			 appropriate.
(3) For purposes of
			 child protective services, a person allegedly responsible for abuse/neglect is
			 defined as a person fourteen years of age or older. No child under the age of
			 fourteen will be listed on a child abuse/neglect report as responsible for
			 abuse/neglect. Reports of physical, mental or sexual abuse committed by a child
			 under the age of fourteen will be accepted and assessed (Refer to Rule
			 660-5-34-.12) to determine the
			 possibility of neglect, lack of supervision or exploitation contributing to the
			 child's behavior. If a child under the age of fourteen commits sexual acts that
			 go beyond curiosity or experimentation on another child, the report will be
			 assessed to consider the possibility that the child committing such acts may be
			 a victim of child sexual abuse and/or in need of services.
(4) Once a report of suspected child
			 abuse/neglect has been received, it must be investigated, and the investigation
			 is known by DHR as the child abuse/neglect child abuse neglect (CA/N)
			 assessment.
(5) The following
			 criteria must be considered at intake when determining which reports will be
			 investigated first:
(a) The allegations in the
			 report;
(b) The seriousness of the
			 incident(s); and
(c) The child's
			 vulnerability (i.e., capacity for selfprotection) and the potential risk of
			 serious harm to the child.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-34 - PROTECTIVE SERVICES FOR CHILDREN › Section 660-5-34-.06 - Safety Assessment

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Determining Safety of Children.
(a)
			 Protecting children is the primary role of the Department's child welfare
			 program. The social work practice method is to assess whether children are safe
			 and to intervene when they are not. Children are considered safe when there are
			 no present or impending danger threats or the parent's/caregiver's protective
			 capacities control existing threats. Children are unsafe when they are
			 vulnerable to present or impending danger threats and parents/caregivers are
			 unable or unwilling to provide protection. Present danger threats are easily
			 observable, cause imminent concern and require immediate action to insure the
			 safety of the child. Impending danger threats are less obvious, more
			 challenging to identify and require as much information as necessary to
			 determine if safety threats exist.
(b) Safety threshold is a certain point at
			 which the threats become so great, the family situation is unsafe for the
			 child. In order for a present or impending threat to meet the safety threshold,
			 causing a child to be unsafe, each of the following items must exist.
1. Severity - The threat is consistent with
			 harm that can result in significant pain, serious injury, disablement, grave or
			 debilitating physical health or physical conditions, acute or grievous
			 suffering, terror, impairment, or death.
2. Vulnerability - Child's dependence upon
			 others for protection is based on an assessment of a child's age, as well as
			 his or her physical and mental health.
3. Out-of-Control Family conditions are such
			 that nothing within the family can manage the behavior, emotion, or situation
			 causing the safety threat.
4.
			 Specific Time Frame - Threats to child safety are present, likely to become
			 active soon or there is a certainty about occurrence within the immediate to
			 near future that could have severe effects on a child.
5. Observable and Specific - Facts obtained
			 indicate that the danger to the child is real.
(c) Parents'/caregivers' protective
			 capacities are assessed. Protective capacities are qualities and
			 characteristics that contribute to a parent's/caregiver's ability to protect
			 the child.
(d) After present and
			 impending safety threats are assessed and the parents'/caregivers' protective
			 capacities are assessed, a decision is made whether children are safe. If
			 present or impending safety threats are identified, a safety plan is developed
			 to control and monitor the safety threats.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-34 - PROTECTIVE SERVICES FOR CHILDREN › Section 660-5-34-.07 - Disposition For Reports Of Child Abuse/Neglect

Current through Register Vol. 42, No. 9, June 28, 2024
Following the completion of an CA/N assessment of a report of
				child abuse/neglect, the worker must arrive at a disposition as to whether the
				child has experienced abuse/neglect and whether the person identified as
				responsible for the abuse/neglect was actually responsible for the
				abuse/neglect. The disposition for the allegations involving a child and the
				disposition for the person allegedly responsible for the abuse/neglect may not
				be the same. The following dispositions are used by the Department of Human
				Resources:
(1) Indicated This
			 disposition is used when a preponderance of the credible evidence (e.g.,
			 eyewitness account, medical report, professional evaluation) and the
			 professional judgment of the worker (based on facts gathered during the course
			 of the CA/N assessment) indicate that abuse/neglect has occurred. Credible
			 evidence means that the available facts, when viewed in light of surrounding
			 circumstances, would cause a reasonable person to believe that a child was
			 abused or neglected. A determination of "indicated" is not based solely on
			 whether a court has determined that abuse/neglect has occurred. However, if a
			 court finds cause that abuse/neglect has occurred, this evidence will
			 automatically justify the disposition of "indicated." In addition, it is not
			 necessary that the person allegedly responsible for the abuse/neglect be
			 identified in order to have a disposition of "indicated." A disposition of
			 "indicated" is also used in regard to the person allegedly responsible for the
			 abuse/neglect when credible evidence and the professional judgment of the
			 worker indicates that the person was responsible for the
			 abuse/neglect.
(2) Unable to
			 Complete This disposition is used only when an CA/N assessment cannot be
			 completed due to the worker being unable to secure the information needed to
			 reach a disposition (e.g., family moves and their present whereabouts are
			 unknown; a family that is reported can never be located due to lack of
			 identifying information). This disposition may also be used for the person
			 allegedly responsible for the abuse/neglect.
(3) Not Indicated This disposition is used
			 when a preponderance of the credible evidence and professional judgment does
			 not substantiate that abuse/neglect has occurred. It is also used when credible
			 evidence and professional judgment does not substantiate that the person
			 allegedly responsible for the abuse/neglect was responsible for the
			 abuse/neglect.
Author:
Jerome Webb
Previous Rule
				  660-5-34-.06 was renumbered to
				  .07 as per certification filed May 4, 2007; effective June 8,
				  2007.
Statutory Authority:
Code of Ala.
				  1975
, Title 26, Chapter 14.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-34 - PROTECTIVE SERVICES FOR CHILDREN › Section 660-5-34-.09 - Child Abuse/Neglect Central Registry

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Department of Human Resources is
			 mandated to establish and maintain a statewide Central Registry for reports of
			 child abuse/neglect. Each County Department will also establish and maintain a
			 county registry which will contain the same information submitted to the State
			 Central Registry.
(2) The Central
			 Registry will include:
(a) All information
			 obtained during the intake and CA/N assessment processes;
(b) The final disposition of the report,
			 including services offered and accepted;
(c) The plan for rehabilitative
			 treatment;
(d) The names and
			 identifying data, dates, and circumstances of any person requesting or
			 receiving information from the registry; and
(e) Any other information which might be
			 helpful in protecting children from abuse and neglect.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-34 - PROTECTIVE SERVICES FOR CHILDREN › Section 660-5-34-.10 - Decision About Providing Services

Current through Register Vol. 42, No. 9, June 28, 2024
(1) At the conclusion of the CA/N assessment,
			 a decision regarding a family's need for ongoing protective services shall be
			 made. This decision may be to discontinue DHR services as no protective
			 services are needed, to provide ongoing casework services, to initiate court
			 action, or to make a referral to another agency for services. The decision is
			 to be made with the parents or primary caregivers participation to the extent
			 feasible. In any event, the parents or primary caregivers are entitled to an
			 explanation of the action taken and the reasons for the action.
(2) The County Department must make
			 reasonable efforts and offer all appropriate services to prevent removal of the
			 child from the home unless that child is in immediate danger of harm or
			 threatened harm.
(3) Early
			 Intervention. Children under 36 months of age with an "indicated" disposition
			 (following completion of due process requirements) for the abuse/neglect report
			 received on or after June 25, 2004, must be referred to Alabama Early
			 Intervention Services.
(4)
			 Voluntary Placement of Children in Foster Care.
(a) The decision about placing children in
			 foster care on a voluntary basis is a joint one between the worker and the
			 supervisor. Voluntary placements are to be made only when there is not a safety
			 threat and the Department would have no hesitancy in returning the children to
			 their parents.
(b) After the County
			 Department has placed a child in foster care on a voluntary basis, the child's
			 or family's circumstances may change to the extent that a petition for legal
			 custody of the child should be filed. A petition for temporary custody should
			 be filed when there is:
1. A lack of interest
			 on the part of the parent(s) in working on goals established in the
			 individualized service plan (i.e., case plan);
2. The death of the parent who placed the
			 child;
3. The mental breakdown of
			 the parent who placed the child; or
4. The whereabouts of the parent placing the
			 child is unknown.
(c)
			 Protective services should be terminated when children are receiving care that
			 meets at least their minimum needs and the parents have demonstrated their
			 ability to continue to safely care for the children without the Department's
			 services.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-34 - PROTECTIVE SERVICES FOR CHILDREN › Section 660-5-34-.13 - CPS Prevention Policy And Procedures

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Introduction.
(a) The Department of Human Resources is
			 mandated to seek out and aid minor children in the state who are in need of its
			 care and protection, and protective services shall be made available in an
			 effort to prevent further abuse and neglect, and to safeguard and enforce the
			 general welfare of such children.
(b) Child protective services staff are
			 responsible for intervening when individuals contact DHR to report what they
			 consider abuse/neglect, but the information provided does not rise to the level
			 of child abuse/neglect according to statutory and Departmental definitions; or
			 is insufficient to determine whether a CA/N report exists.
(c) When the intake information reveals the
			 children may be at risk of maltreatment, the information is considered a "CPS
			 Prevention Referral" and an evaluation of the child/family situation is
			 required. The evaluation process is known as a "CPS Prevention
			 Assessment."
(d) "Risk of
			 Maltreatment" is defined, for purposes of this policy, as family conditions or
			 circumstances that, if left unchanged, can cause child abuse/neglect.
(e) The CPS Prevention process is designed to
			 determine if ongoing protective services are needed to prevent child
			 maltreatment.
1. Children To Whom The Policy
			 Applies Children under age eighteen (18) years whose family
			 conditions/circumstances appear to be presenting a risk of maltreatment and the
			 conditions/circumstances do not constitute child abuse/neglect per CA/N
			 Allegations and Definitions; children who would be considered abused/neglected
			 except for the fact that the person allegedly responsible is under age fourteen
			 (14) years; and children for whom school personnel have reported concerns,
			 other than school attendance, that indicate there may be a risk of
			 maltreatment.
2. Confidentiality -
			 Information contained in CPS Prevention referrals and assessments is
			 confidential and can only be released when there is a court order authorizing
			 the release under the parameters set by the court order and according to
			 Alabama law. CPS Prevention information may be shared with district attorneys
			 and law enforcement only when a court order or grand jury subpoena specifically
			 authorizes such sharing.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-34 - PROTECTIVE SERVICES FOR CHILDREN › Section 660-5-34-.14 - Glossary

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Imminent Risk of Placement
(into DHR
			 custody and/or foster care) - Family conditions and circumstances that threaten
			 child safety are present and interacting in such a way that it leads a
			 reasonable person to conclude that there is a very high likelihood that a child
			 will need to be placed.
(2)
Safety Threat
- A condition or circumstance that presents a risk
			 of serious harm to the children.
(3)
Serious
			 Harm
- Significant physical injury; sexual abuse; severe
			 impairment in a child's functioning; permanent disability or disfigurement; or
			 death.
(a) "Severe impairment in a child's
			 functioning" is a serious deficit in a child's behavior or cognition.
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-.02 - Types Of Placement Covered

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Compact applies to the following
			 situations in which children may be sent to other states:
(a) when children in the temporary or
			 permanent custody of the Department of Human Resources (DHR) are to be sent to
			 other states;
(b) when the DHR is
			 providing court ordered supervision of a child or the court has assumed
			 jurisdiction over the child;
(c)
			 when a private licensed child-placing agency (LCPA) has temporary or permanent
			 custody of a child and is sending the child to another state for
			 placement;
(d) when the birth
			 parents are placing a child for adoption in another state;
(e) when children are placed in foster care,
			 including foster homes, group homes, residential treatment facilities, and
			 institutions;
(f) when children are
			 placed with parents and relatives; and a parent or defined relative is not
			 making the placement.
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-.03 - Other Compacts Affecting Placements In Other States

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Interstate Compact On Juveniles
			 (ICJ), administered by the Department of Youth Services, provides for obtaining
			 home evaluations from and to other states for placement of children who remain
			 in the custody of their legal custodian and who are on probation or under the
			 supervision of the court. This Compact is also used to return runaway children
			 to their "home" state when the children are not in the custody of the
			 Department of Human Resources.
(2)
			 The Interstate Compact On Mental Health (ICMH), administered by the Department
			 of Mental Health, provides for the transfer of children in residential
			 treatment facilities in one state to similar facilities in another state where
			 the legal custodian lives. ICMH may also be used to ensure that aftercare
			 services are provided. This Compact generally relates to children who are not
			 in DHR legal custody.
(3) The
			 Interstate Compact On Adoption And Medical Assistance (ICAMA), administered by
			 the Department of Human Resources, ensures that adoptive parents of children
			 with federal IV-E adoption assistance agreements and certain children with
			 state adoption assistance agreements, including Medicaid, receive the medical
			 services and benefits provided for in their assistance agreement regardless of
			 where they reside in the United States. ICAMA facilitates the delivery of
			 benefits and services when families move during the continuance of the adoption
			 assistance agreement or in cases when the child is initially placed for
			 adoption across state lines.
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.
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-.04 - Conditions For Placement Of Children

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Sending agencies must comply with Compact
			 requirements and with the applicable laws of the receiving state governing the
			 placement of children when children are to be placed in foster care or for
			 possible adoption in other states.
(2) The sending state must, prior to sending,
			 bringing, or facilitating a child's placement in foster care or for possible
			 adoption in a receiving state, provide authorities in the receiving state with
			 written notice of the intention to send, bring or place the child into the
			 state. This includes the provision of a referral that includes information
			 required by Article III in the Compact.
(3) The receiving state shall provide written
			 notice to the sending agency, prior to the child being sent, brought, or placed
			 in the receiving state, that the proposed placement appears to be in the
			 child's best interest.
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.
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-.05 - Children From Alabama Placed In Other States

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Prior to a child's placement in another
			 state, the State Department of Human Resources (SDHR) ICPC Office must provide
			 written approval for the placement and the concurrence of the court of
			 jurisdiction must be obtained.
(a) Child care
			 facilities that are licensed as a child-placing agency and that hold custody of
			 a child shall act as the sending agency and follow Compact procedures when
			 making placement requests with relatives in another state.
(b) Child care facilities that are not
			 licensed as a child-placing agency and that hold custody of a child shall
			 submit requests for relative placements to the DHR in the county where the
			 custody order was entered. The county DHR will process the request using
			 regular Compact procedures.
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-.06 - Children From Other States Placed In Alabama

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Sending agencies must submit a written
			 request for placement to Alabama's ICPC Office prior to placing a child in
			 Alabama with relatives or in a foster care placement. A child must not be
			 brought into the state for placement prior to SDHR approval. Requests from
			 other states must include sufficient information to enable the DHR to make an
			 appropriate evaluation of the proposed placement. If the information provided
			 by the other state is insufficient, additional written information will be
			 requested before proceeding with the evaluation.
(2) A foster home study must be conducted and
			 Alabama's
Minimum Standards for Foster Family Homes
,
			 660-5-29, must be met by any individual selected as a proposed foster care
			 placement for a child when the degree of relationship between that individual
			 and the child extends beyond the definition of relative per
			 660-5-35-.01 -(9); when the child
			 is unrelated to the individual selected as a proposed placement; and when
			 termination of parental rights (TPR) has been identified as a plan for the
			 child.
(3) The completed foster
			 home study shall be submitted to SDHR before a decision regarding placement is
			 made. The study
must
include Alabama Bureau of
			 Investigation (ABI) and Federal Bureau of Investigation (FBI) criminal history
			 checks; Child Abuse/Neglect Central Registry clearances on all household
			 members age fourteen (14) years and older; and a recommendation regarding
			 placement. SDHR will review the completed study and submit a recommendation for
			 placement to the sending state.
(4)
			 If the placement of a child from another state proves unsatisfactory and the
			 child has to be removed from the home and placed in out-of-home care prior to
			 the child's return to the sending state, the sending state must be notified
			 about the change in placement and apprised of the daily cost. The sending state
			 is responsible for payment of that care.
(5) A report summarizing the adjustment of
			 the child to the placement and recommending case closure must be sent to the
			 SDHR to obtain approval before the sending state can terminate their case. When
			 termination is recommended, the sending state must provide the receiving state
			 with a copy of the court order terminating the case.
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.
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-.07 - Regulation Number 7 Priority Placement

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The following regulation adopted by the
			 Association of Administrators of the Interstate Compact on the Placement of
			 Children is declared to be in effect on and after July 2, 2001.
(2) The proposed placement of a child from
			 one state into another state may be made a priority by a court when specific
			 circumstances apply to the child's case. These case situations are referred to
			 as Regulation Number 7 priority placements.
(3) A court order finding entitlement to a
			 priority placement is valid only when it contains an expressed finding that one
			 or more of the following circumstances exists in the child's case and sets
			 forth the facts on which the court bases its finding.
(a) The person with whom the child is
			 proposed to be placed is a relative who could receive the child from another
			 person without complying with ICPC according to Article VIII(a) of the Compact
			 and the child is under two years old; or the child is in an emergency shelter;
			 or the court finds that the child has spent a substantial amount of time in the
			 home of the person with whom the placement is proposed.
(b) The receiving state Compact Administrator
			 has had the proper Compact documentation for over thirty business days, but the
			 sending agency has not received a notice, according to ICPC Article III(d),
			 determining whether the child may or may not be placed.
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-.08 - Interstate Placement In Group Homes, Child Care Institutions, And Residential Treatment Facilities

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All
			 requests by county DHRs to place a child in a group home, child care
			 institution or residential treatment facility in another state must be approved
			 by SDHR prior to placement.
(a) A child can
			 only be referred to, placed in, or provided services by a group home, child
			 care institution or residential treatment facility which is licensed or
			 approved in accordance with the laws in the state in which it is
			 located.
(b) Prior to placement,
			 the court having jurisdiction must be notified for written concurrence with the
			 out-of-state plan for a child who is in DHR custody.
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-.09 - Children Moving With Foster/Adoptive Parents Between States

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Compact is
			 applicable when children in foster care relocate to another state with their
			 foster family. This includes children who have been placed with adoptive
			 parents and the adoption has not been finalized.
(2) If the relocation is planned to occur
			 more than forty five days in the future, normal Compact procedures shall
			 apply.
(3) Concurrence with the
			 plan to relocate must be obtained from the court of jurisdiction when the child
			 is in Alabama foster care. If the child is in foster care in Alabama pursuant
			 to an Agreement for Foster Care, the DHR must obtain legal custody of the child
			 prior to the relocation.
(4) SDHR
			 may decline to provide a favorable determination for relocation to Alabama,
			 pursuant to Compact Article III(d), if the Compact Administrator finds that the
			 child's needs cannot be met under the circumstances of the proposed
			 relocation.
(5) When the child is
			 in foster care in another state and the plan is to relocate to Alabama with the
			 foster family, that family must comply with Alabama laws promptly after their
			 arrival in the State; apply to be an Alabama foster family home; and be
			 approved according to Alabama's Minimum Standards for Foster Family Homes. The
			 family's foster home study from the sending agency must be received and
			 reviewed by SDHR. SDHR will recognize the sending agency's foster family
			 training requirements if the training program from the other state is shown to
			 be substantially equivalent to training offered for the same purpose in Alabama
			 and the evidence submitted is in the form of an official certificate or other
			 document identifying the training. Subsequent to the initial approval, the
			 foster family home must be reapproved on an annual basis.
(6) At any time after the relocation it is
			 determined that continued placement with the foster family is contrary to the
			 child's best interest, the sending agency is responsible for immediately
			 planning an alternative placement or the child's return to the sending state.
			 For children in adoptive homes, this provision applies only when the adoption
			 has not been finalized.
Author:
Jerome Webb
Statutory Authority:
Title VI of the Civil
				  Rights Act of 1964,
				  42
				  U.S.C. §5119 National Child Protection
				  Act of 1993;
Code of Ala. 1975
, §§ 24-14-8,
				  38-7-15,
				  38-7-2(13),
				  44-2-20.
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-.10 - Placement For Adoption Between States - Child In Permanent Custody Of A Child Welfare Agency

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Compact
			 applies when children in the permanent custody of a child welfare agency are to
			 be placed in another state for the purpose of adoption.
(2) The sending agency shall prepare a
			 request for placement and an adoptive home study, and submit it to the
			 receiving state. SDHR will not process the request and conduct an adoptive home
			 study if the child is not free for adoption because the termination of parental
			 rights is under appeal.
(3) The
			 receiving state shall conduct the adoptive home study and provide a disposition
			 regarding placement to the sending agency. If the study is approved,
			 arrangements for the actual placement will be finalized.
(4) If, prior to the finalization of the
			 adoption, it is determined that the placement is contrary to the child's best
			 interest, the sending agency shall make arrangements for the child to be
			 returned to the sending state.
(5)
			 The receiving state is responsible for making a recommendation regarding the
			 finalization of the adoption and the court of jurisdiction is responsible for
			 issuing the Final Decree of Adoption.
Author:
Jerome Webb
Statutory Authority:
Title VI of the Civil
				  Rights Act of 1964,
				  42
				  U.S.C. §5119 National Child Protection
				  Act of 1993;
Code of Ala. 1975
, §§ 24-14-8,
				  26-10A-10,
				  38-7-2(13),
				  38-7-15,
				  44-2-20.
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-.11 - Placement For Adoption Between States - Private/Independent Adoptions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Compact
			 applies to private/independent adoptions which are those adoptions where the
			 Department does not have the legal authority to consent to the individual's
			 adoption. Included in this group are adoption by relatives; adoption placements
			 made by licensed child-placing agencies; and adoption of children placed
			 independently by birth parents.
(2)
			 The sending agency or person shall prepare and submit the ICPC documentation to
			 SDHR for processing.
(3) For
			 children who will be placed in Alabama, the adoptive home study shall be
			 completed by a representative of a licensed child-placing agency or licensed
			 social worker. Interviews with the child's birth parents shall be conducted by
			 a representative of a licensed child-placing agency or a licensed social worker
			 in the birth parent's legal state of residence. SDHR shall review the adoptive
			 home study and provide a determination regarding the child's
			 placement.
(4) For Alabama children
			 who will be placed in another state, the adoptive home study shall meet the
			 requirements of the state of residence of the prospective adoptive resource
			 where the adoption will be finalized. Due to variations in state laws, a
			 determination must be made regarding where the adoption can be legally
			 finalized.
(5) When the adoptive
			 placement disrupts prior to the issuance of the Final Decree of Adoption, the
			 sending agency or person is responsible for returning the child to the sending
			 state.
Author:
Jerome Webb
Statutory Authority:
Title VI of the Civil
				  Rights Act of 1964,
				  42
				  U.S.C. §5119 National Child Protection
				  Act of 1993;
Code of Ala. 1975
, §§ 24-14-8,
				  26-10A-10,
				  38-7-2(13),
				  38-7-15,
				  44-2-20.
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-.12 - Intercountry Placement Of Children

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All requests for placement of or the
			 provision of services to a child in another country shall be processed by SDHR.
Author:
Jerome Webb
Statutory Authority:
Title VI of the Civil
				  Rights Act of 1964,
				  42
				  U.S.C. §5119 National Child Protection
				  Act of 1993;
Code of Ala. 1975
, §§ 24-14-8,
				  26-10A-10,
				  38-7-2(13),
				  38-7-15,
				  44-2-20.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-36 - INDIAN CHILD WELFARE ACT (ICWA) › Section 660-5-36-.01 - Purpose And Applicability

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Purpose
- The
			 best interests of Indian children are realized by promoting the stability and
			 security of Indian families and tribes. This is accomplished by including the
			 child's Indian tribe in decision-making regarding the future of tribal
			 children. Placement guidelines for Indian children are set by ICWA to protect
			 the integrity of Indian tribes and assure that DHR child welfare practices
			 acknowledge the vital role that the child's cultural heritage and tribal
			 community must play in child welfare decision making for Indian
			 children.
(2)
Applicability
- ICWA applies to all Indian children
			 and their families who are members of a federally recognized Indian tribe or an
			 Alaskan native village that come under the jurisdiction of State courts. Indian
			 children and their families who are members of non-federally recognized Indian
			 tribes are treated by the Department as any other United States
			 citizen.
Author:
Margaret Livingston
Statutory Authority:
25 United States Code,
				  Chapter 21 §1901 -1923.