Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-29 - MINIMUM STANDARDS FOR FOSTER FAMILY HOMES › Section 660-5-29-.01 - Legal Authority

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 Minimum Standards for Foster Family Homes have been revised in accordance with
			 the following: Child Care Act of 1971 (Title 38, Chapter 7,
Code of
			 Ala. 1975
,) with specific reference to §§
								38-7-2,
			 38-7-3,
			 38-7-4,
			 38-7-8,
			 38-7-10; Title 38, Chapter 13,
			 §§1-12,
Code of Ala. 1975
; Title 41, Chapter
			 22, §§1-27,
Code of Ala. 1975
; 12-15-65 and
			 26-14-1; Federal Court Orders in reference to the
R.C. v.
			 Fuller
case (
R.C. v. Hornsby
, No.
			 88-H-1170-N, Consent Decree) (M.D. Ala. Approved December 18, 1991), Pub. L.
			 No. 89-105, the Adoption and Safe Families Act
(a)
Licensing or Approval
			 Requirement
. Any person, group of persons or corporation who or
			 which receives for care or placement one or more children unrelated to the
			 operator must apply for a license or approval to operate a foster family
			 home.
(b)
Legal
			 Base
. The Department of Human Resources is given the authority
			 under Alabama Statutes to prescribe and publish Minimum Standards for licensing
			 and for approving all foster family homes.
(c)
Definitions
. For
			 the purposes of this document, the following definitions apply.
1.
Child
. Any person
			 under 19 years of age, a person under the continuing jurisdiction of the
			 juvenile court pursuant to §
										12-15-32, or a person under 21
			 years of age in foster care as defined by the Department of Human
			 Resources.
2.
Department
. The Department of Human Resources of the
			 State of Alabama.
3.
Child Placing Agency
. A public or private child-care
			 facility which receives, places, or arranges for the placement of any child or
			 children in adoptive or foster family homes or other facilities for child care
			 apart from the custody of the child's or children's parents. The term
			 "child-placing agency" includes, but is not limited to, all agencies
			 established and maintained by a municipality or other political subdivision of
			 the State of Alabama to protect, guard, train or care for children outside
			 their own homes, but does not include any circuit court or juvenile court or
			 any duly appointed juvenile probation officer or youth counselor of the court
			 who receives and places children under an order of the court.
4.
Foster Family
			 Home
. A child care facility in a residence of a family where the
			 family receives a child or children, unrelated to said family, for the purpose
			 of providing family care and training on a full-time basis. The types of foster
			 family homes are defined as follows:
(i)
Boarding Home
. A foster family home wherein the foster
			 family receives a child or children and receives payment for their care;
			 provided however, that the number of children so received shall not exceed six,
			 unless said children are of common parentage.
(ii)
Free Home
. A
			 foster home which does not receive payment for the care of a child or children
			 and which may or may not receive the child or children for the purpose of
			 adoption.
(iii)
Maternity Center
. A facility in which any person,
			 agency or corporation receives or cares for one or more minor pregnant girls,
			 except that the term does not include hospitals.