reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-39 - LICENSING: MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Section 660-5-39-.17 - Provisions Of The License

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Licenses issued by the Department in child-placing agencies are valid for two
			 years from the date of issuance, unless revoked by the Department or
			 voluntarily surrendered by the licensee.
(2) The license is not transferable from one
			 individual or group or corporation to another, nor from one building to
			 another.
Author:
Jerome Webb
Statutory Authority:
Code of Ala.
				  1975
, §§
										38-4-5 through -6, §§
										38-7-1 through -17, §§
										41-22-1 through -27.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-39 - LICENSING: MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Section 660-5-39-.18 - Penalty For Unlicensed Facilities

Current through Register Vol. 42, No. 9, June 28, 2024
(1) If the Department representative
			 determines, through investigation, that any person, group of persons or
			 corporation is, or has been, operating an unlicensed child-placing agency, the
			 results of the investigation shall be reported to the Attorney General and to
			 the appropriate District Attorney for prosecution.
(2) Filing of the report may be delayed for a
			 period, not to exceed 60 days, to allow the person, group of persons or
			 corporation reasonable opportunity to apply for a license or a six-month
			 permit.
(3) Any person, group of
			 persons, association or corporation who conducts, operates or acts as a child
			 care facility without a license, or a 6-month permit or an approval ... is in
			 violation of the provisions of the Child Care Act of 1971 ... or if any person,
			 etc. violates any other provision of said Act ... shall be guilty of a
			 misdemeanor ... and shall be fined not less than $100 nor more than $1000 or be
			 imprisoned in the county jail not longer than one year or both fine and
			 imprisonment.
Author:
Jerome Webb
Statutory Authority:
Code of Ala.
				  1975
, §§
										38-4-5 through -6, §§
										38-7-1 through -17, §§
										41-22-1 through -27.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-40 - GENERAL - ADULT SERVICES › Section 660-5-40-.01 - Fair Hearings

Current through Register Vol. 42, No. 9, June 28, 2024
Any applicant/recipient of services dissatisfied with an action
				taken by the Department is entitled to a fair hearing. Refer to Chapter
				660-1-5, Hearings, in the General Administration Division.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										38-4-5, §§
										38-9-1 through -11, §§
										41-22-1 through -27; Title XX of
				  the Social Security Act,
				  42 U.S.C.
				  1397.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-41 - PROTECTIVE SERVICES FOR ADULTS › Section 660-5-41-.01 - Purpose Of Protective Services

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The purpose of protective services is to
			 provide services to elderly and/or disabled adults unable to protect their own
			 interests or are harmed or threatened with harm through the action or inaction
			 by another individual because of physical or mental impairment or lack of
			 knowledge, or are unable to manage their own resources in order to carry out
			 the activities of daily living or to protect or remove themselves from neglect,
			 harmful, or hazardous situations resulting in physical or mental injury;
			 neglect or maltreatment; failure to receive adequate food, shelter, or
			 clothing; deprivation of entitlement due them; or wasting of their
			 resources.
(2) The specific
			 purposes for providing or securing protective services are:
(a) To prevent injury to self and/or
			 others;
(b) To see that emergency
			 care is provided to meet acute physical, mental, or other needs that the
			 individual cannot himself arrange;
(c) To protect the individual's rights if
			 legal action is needed;
(d) To
			 prevent neglect, abuse and exploitation of the individual; and
(e) To protect the individual's financial
			 resources.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-41 - PROTECTIVE SERVICES FOR ADULTS › Section 660-5-41-.03 - Reporting

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Department
			 of Human Resources receives reports from any person, including but not limited
			 to, any social worker, law enforcement officer, physician and other
			 practitioners of the healing arts serving adults who have reasons to believe an
			 individual has been subjected to abuse, neglect, or exploitation.
(2) The Department of Human Resources
			 requires social workers in its employment to report cases of suspected abuse,
			 neglect, or exploitation.
Author:
Patricia Brooks
Statutory Authority:
Code of Ala.
				  1975
, §§
										38-2-6,
				  38-9-1 through -11.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-41 - PROTECTIVE SERVICES FOR ADULTS › Section 660-5-41-.04 - Investigations

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All complaints
			 and reports (including anonymous ones) about adults who, the reporter has
			 reason to believe, have been subjected to abuse, neglect, or exploitation and
			 who have no one able, willing, and available to assume the necessary care and
			 protection shall be investigated by the County Department of Human Resources;
			 or when a report is received from a mandatory reporter, the investigation is
			 completed by the Department of Human Resources or the chief of police or county
			 sheriff, whichever receives the report, and the investigation shall be
			 conducted within seven days after receipt of the oral report. Reports of
			 investigations made by law enforcement officials must be sent to the County
			 Department within twenty-four hours and are to become a part of the client's
			 case record. Such reports by law enforcement or the County Department must
			 include a minimum of:
(a) Name, age, and
			 address of the person being reported on;
(b) Nature and extent of injury of such
			 person; and
(c) Any other facts or
			 circumstances known to the reporter which may aid in the determination of
			 appropriate action.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-41 - PROTECTIVE SERVICES FOR ADULTS › Section 660-5-41-.05 - Services

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Protective
			 services may include:
(a) Case management
1. assessing the need for services
2. case planning
3. arranging services such as medical care or
			 other community services
4.
			 reassessment/follow-up
5.
			 monitoring on an ongoing basis the delivery of and need for services
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-41 - PROTECTIVE SERVICES FOR ADULTS › Section 660-5-41-.06 - Eligibility

Current through Register Vol. 42, No. 9, June 28, 2024
Any adult 18 years of age or over who is at risk of abuse,
				neglect and exploitation or at risk of institutionalization and meets the
				definition of an adult in need of protective services given in Rule
				660-5-41-.02 is eligible for
				protective services for adults and may be eligible for other services if the
				specific requirements for the services are met.
Author:
Kay Pilgreen
Statutory Authority:
Code of Ala.
				  1975
, §§
										38-2-6,
				  38-9-1 through -11.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-41 - PROTECTIVE SERVICES FOR ADULTS › Section 660-5-41-.07 - Alabama Elder And Adult In Need Of Protective Services Abuse Registry

Current through Register Vol. 42, No. 9, June 28, 2024
I. INTRODUCTION
Under Section
				38-9G-2,
Code of
				Alabama 1975
, the Alabama Department of Human Resources is
				responsible for establishing and maintaining a statewide registry known as the
				Alabama Elderly and Adult in Need of Protective Services Abuse Registry
				(hereinafter, "Registry") for adult abuse, neglect, and exploitation reports
				made pursuant to §
									38-9-8,
Code of
				Alabama 1975
, as well as criminal convictions and protection from
				abuse orders. The purpose of the Registry is to protect vulnerable adults from
				abuse, neglect, and exploitation.
The Registry shall contain the name of any individual for whom
				any of the following are true:
(1) The
			 individual has been convicted of the crime of elder abuse and neglect in the
			 first degree pursuant to Section
			 13A-6-192,
Code of
			 Alabama
1975.
(2) The
			 individual has been convicted of the crime of elder abuse and neglect in the
			 second degree pursuant to Section
			 13A-6-193,
Code of
			 Alabama 1975
.
(3) The
			 individual has been convicted of the crime of elder abuse and neglect in the
			 third degree pursuant to Section
			 13A-6-194,
Code of
			 Alabama
1975.
(4) The
			 individual has been convicted of the crime of financial exploitation of an
			 elderly person in the first degree pursuant to Section
			 13A-6-195,
Code of
			 Alabama
1975.
(5) The
			 individual has been convicted of the crime of financial exploitation of an
			 elderly person in the second degree pursuant to Section
			 13A-6-196,
Code of
			 Alabama
1975.
(6) The
			 individual has been convicted of the crime of financial exploitation of an
			 elderly person in the third degree pursuant to Section
			 13A-6-197,
Code of
			 Alabama
1975.
(7) The
			 individual has been convicted of any act of elder abuse as defined in Section
			 38-9F-3,
Code of
			 Alabama
1975.
(8) An
			 elder abuse protection order has been issued against the individual pursuant to
			 section 38-9F-4,
Code of
			 Alabama
1975.
(9) A
			 protection from abuse order has been issued against the individual pursuant to
			 Chapter 5 of Title 30,
Code of Alabama
1975, for the
			 protection of an elderly person or an adult in need of protective
			 services.
(10) The individual has
			 been convicted of an act of abuse, neglect, or exploitation as described in
			 Section 38-9-7,
Code of
			 Alabama
1975.
(11) The
			 individual has been found by the Department of Human Resources to have
			 committed an act of abuse, elder abuse, emotional abuse, exploitation,
			 financial exploitation, intimidation, neglect, sexual abuse, or undue influence
			 against an elderly person or an adult in need of protective services.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-42 - FOSTER CARE FOR ADULTS › Section 660-5-42-.01 - Foster Care For Adults

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Foster care for adults provides services in private approved homes on a 24-hour
			 basis for persons who are in need of residential care in a family setting. It
			 serves the individual who is unable to live in his or her own home and whose
			 family is unable to meet the client's needs because of distance, ill health,
			 estrangement or the family's inability to provide adequate care. Foster care
			 for adults must be an appropriate part of the case plan.
(2) Service includes:
(a) Medical examination (when not available
			 without cost to the Department) to determine appropriateness of
			 services;
(b) Information and
			 referral;
(c) Case management
			 services to assure placement appropriate to the need of the individual being
			 served, proper care, continuing appropriateness of foster care;
(d) Legal services;
(e) Planning with the provider of
			 care;
(f) Limited transportation;
			 and
(g) Recruitment and study of
			 foster homes.
Services do not include payment for room and board and client
				must have sufficient resources to pay this cost.
Author:
Kay Pilgreen
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-42 - FOSTER CARE FOR ADULTS › Section 660-5-42-.02 - Eligibility

Current through Register Vol. 42, No. 9, June 28, 2024
(1) To be eligible
			 for foster care, an adult recipient must be:
(a) At risk of abuse, neglect, or
			 exploitation; or
(b) At risk of
			 institutionalization; and
(c) Able
			 to live safely outside of an institution with the provision of foster care and
			 other available services; and
(d)
			 Unable to live alone because of incapacities or infirmities, such as senility,
			 mental retardation, physical handicap; and
(e) Without family with whom he or she can
			 live, or with whom it is appropriate for him or her to live.
Author:
Kay Pilgreen
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-42 - FOSTER CARE FOR ADULTS › Section 660-5-42-.03 - Financial Determination

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 amount of the client's payment for room and board is to be agreed upon between
			 the client and the foster family, with help from the service worker. It is
			 expected that the client's payment shall be an amount at least equal to 75
			 percent of the SSI standard. If the client needs and the foster family agrees
			 to provide laundry and medicine chest supplies, the effect these items would
			 have on the client's payment should be negotiated between the client and the
			 foster family. The amount to be paid should provide adequate payment to the
			 foster family and leave the client sufficient income to take care of personal
			 needs. Exception to the minimum payment requirement must be approved by the
			 State Department of Human Resources.
(2) A service fee will be paid based on the
			 client's condition and eligibility for service.
Author:
Kay Pilgreen
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 660-5-42 - FOSTER CARE FOR ADULTS › Section 660-5-42-.04 - Minimum Standards For Foster Homes For Adults

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The State Department of Human Resources
			 has established polices and procedures for a program of foster care for adults
			 which prescribes minimum standards to be met by the homes to provide such
			 care.
(2) As designated agents of
			 the State Department of Human Resources, each County Department of Human
			 Resources is authorized to approve and reapprove Adult Foster Homes within its
			 borders which meet the standards prescribed. Only homes that have received such
			 approval are to provide foster care for adults referred by the County
			 Department. Families and individuals wishing to provide such foster care may
			 apply directly to the appropriate County Department.
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 660-5-42 - FOSTER CARE FOR ADULTS › Section 660-5-42-.05 - Application And Procedures

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Application is made to the local County Department of Human Resources to
			 operate a foster family home. Forms to be used for that purpose may be secured
			 at the county office. The following are procedures for approving or denying
			 operation of a foster family home:
(a) Upon
			 receipt of the completed application, an examination of the foster family home
			 and an investigation of the foster family shall be made by a representative of
			 the Department;
(b) Upon completion
			 of the examination and investigation, a decision to approve or deny the
			 application will be made by the County Department based upon findings. If the
			 decision is to approve the application, the approval will be issued to the
			 applicant;
(c) All approvals are
			 dated from date of issuance and expire one year from that date unless
			 terminated by either party. Homes may be reapproved based upon the
			 re-examination and evaluation by the Department, if they continue to conform to
			 standards and regulations;
(d)
			 Approval to provide foster care for adults applies to the residence occupied by
			 the applicant at the time approval is given. If change of residence is made,
			 the foster family must notify the County Department, who must determine if
			 approval is to be continued. The decision of the County Department will be
			 furnished to the foster family in writing;
(e) The number of clients for which a foster
			 home may be approved to provide adult foster care is a maximum of three.
			 Factors to be considered are: space in the home, the number of persons making
			 up the foster family and the care they require, the ability of the foster
			 family to care for the number of persons being considered for foster care,
			 etc.;
(f) Applicants conducting a
			 rooming or boarding house will not be approved to provide foster care for
			 adults;
(g) The foster home shall
			 accept no unrelated individual into the adult foster care home except those
			 placed by the County Department; and
(h) Approval to provide foster care for
			 adults may be revoked by the County Department of Human Resources when the home
			 fails to meet standards prescribed and regulations set forth here. In such
			 case, the County Department will furnish a written notice to the home stating
			 the reason(s) for revocation.
Author:
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-42 - FOSTER CARE FOR ADULTS › Section 660-5-42-.06 - The Foster Family Home Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Requirements for the foster family home
			 are as follows:
(a) The house shall meet
			 regulations regarding sanitation, fire protection and building safety of the
			 city or county in which it is located. The foster family home and grounds shall
			 be free from anything which constitutes a danger such as abandoned automobiles
			 and household appliances, uncovered wells and cisterns, stacked lumber with
			 exposed nails, and explosives. Safeguards must be provided against potential
			 hazards such as guns, poisons, medications, open fires and heaters.
			 (Inspections by the state or local fire department and by the state or local
			 health department shall be requested as determined necessary by the
			 Department.)
1. A smoke detector shall be
			 installed and maintained in operating condition within ten feet of each bedroom
			 and no more than 30 feet apart in hallways. In a two-story house (upstairs or
			 basement) a smoke detector shall be installed and maintained in operating
			 condition at the head of the stairway. It is the responsibility of the foster
			 care provider to maintain the smoke detector in operating condition.
2. A 2 A-10BC dry chemical fire extinguisher
			 no less than 5 pounds in weight shall be installed and maintained in operating
			 condition, in an accessible place in plain view, near room exits which provide
			 an escape route. It is the responsibility of the foster care provider to
			 maintain the fire extinguisher in operating condition.
3. If the foster family home has a private
			 swimming pool, inspections by the state or local health department shall be
			 requested as determined necessary by the Department or foster family. The
			 foster care provider shall make swimming pool inaccessible to the adult in
			 foster care except when supervised by individuals who have completed a basic
			 water safety course and have received training in Cardiovascular Pulmonary
			 Resuscitation (CPR).
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-43 - DAY CARE FOR ADULTS › Section 660-5-43-.01 - Day Care for Adults

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Day care for adults is a program of care for a portion of a 24-hour day in a
			 protective setting for the individual for whom day care is an appropriate part
			 of a case plan and is at risk of abuse, neglect, or exploitation or at risk of
			 institutionalization. Service includes medical examination (when not available
			 without cost to the DHR) to determine appropriateness of service, case
			 management and services to assure placement appropriate to the need of the
			 individual served, information and referral and planning with the provider of
			 care--service includes meals and may include transportation. Full-time adult
			 day care services are not available for residents of group living arrangements
			 serving four or more unrelated individuals.
Author:
Kay Pilgreen
Statutory Authority:
Code of Ala.
				  1975
, Title 38; Title XX of the Social Security Act,
				  42 U.S.C.
				  1396n,
				  1397;
				  Social Security Act Title XIX State Plan Waiver.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-43 - DAY CARE FOR ADULTS › Section 660-5-43-.02 - Eligibility

Current through Register Vol. 42, No. 9, June 28, 2024
(1) To be eligible
			 for adult day care, an adult recipient must meet one of the priorities listed.
			 Priorities will be given in the following order:
(a) Persons for whom day care is an
			 appropriate part of a case plan and who are at risk of abuse, neglect, or
			 exploitation or
(b) Persons for
			 whom day care is an appropriate part of the case plan and who are at risk of
			 institutionalization.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-44 - HOMEMAKER SERVICES FOR ADULTS › Section 660-5-44-.01 - Homemaker Services For Adults

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Homemaker service provides assistance in
			 managing and keeping in operation the home of the individual who is (1) at risk
			 of abuse, neglect, or exploitation and for whom homemaker service is the least
			 restrictive method by which such protection can be provided; or
(2) at risk of institutionalization and can
			 continue to safely live outside of an institution if homemaker services are
			 provided.
(2) When waiting lists
			 must be established for recipients of the service, these same criteria will be
			 used (in order listed) for removing names from the waiting list when the
			 service becomes available. Service also includes help in bathing and dressing
			 when the county department has documentation that the homemaker has
			 successfully completed training to perform these tasks; limited transportation;
			 and case management related to the need for acceptance of an appropriate use of
			 the service, and information and referral.
(3) When two or more adults on the waiting
			 list have the same priority, the "date of request" will be used to determine
			 which has priority.
(4) If
			 terminations or reductions are necessary due to funding reductions, the persons
			 most recently authorized with the lowest priority will be the first terminated
			 or reduced. Those terminated or reduced will go to the top of the waiting list.
Author:
Kay Pilgreen
Statutory Authority:
Code of Ala.
				  1975
, Title 38; Title XX of the Social Security Act,
				  42 U.S.C.
				  1396n,
				  1397;
				  Social Security Title XIX State Plan Waiver.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-45 - ADULT DAY HEALTH › Section 660-5-45-.01 - Adult Day Health

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Day
			 health for adults is a program of care for a portion of a 24-hour day in a
			 protective setting for the adult who is an SSI and/or State Supplementation
			 recipient who has been approved for Waivered Services by the Alabama Medicaid
			 Agency and who, without the provision of day health services, would require
			 nursing home care. Service includes medical examination (when not available
			 without cost to the Department) to determine appropriateness of service,
			 casework and services to assure placement appropriate to the need of the
			 individual served, information and referral and counseling with the provider of
			 care--service includes meals and may include transportation.
Author:
Statutory Authority:
Code of Ala.
				  1975
, Title 38; Title XX of the Social Security Act,
				  42 U.S.C.
				  1396n,
				  1397;
				  Social Security Act Title XIX State Plan Waiver.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-45 - ADULT DAY HEALTH › Section 660-5-45-.02 - Eligibility

Current through Register Vol. 42, No. 9, June 28, 2024
(1) To be eligible
			 for adult day health an adult recipient must be:
(a) An SSI and/or State Supplementation
			 recipient who has been approved for Waivered Services by the Alabama Medicaid
			 Agency and who, without the provision of day health services, would require
			 nursing home care.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-46 - CRIMINAL HISTORY BACKGROUND INFORMATION CHECKS › Section 660-5-46-.01 - Legal Base

Current through Register Vol. 42, No. 9, June 28, 2024
Alabama Act 2000-775 provides for criminal background checks
				for licensees, license applicants, volunteers, volunteer applicants, and
				prospective and current employees of licensed or approved child and adult care
				facilities and for foster homes and adoptive homes approved by child placing
				agencies or the Department of Human Resources. The Act requires the Department
				of Human Resources to request criminal history background information on all
				license applicants, current licensees, applicants for employment, volunteers,
				and certain current employees and to issue suitability determinations based
				upon the presence of certain convictions. Individuals receiving a determination
				of unsuitability shall not be, or continue to be, licensed, approved, or
				employed, or work as a volunteer in the areas covered by the Act.
Authors:
Dianne Wright, James E.
				Long
Statutory Authority:
42
				  U.S.C. §5119,
et
seq
.;
				  42 U.S.C.
				  §671(g)(20); Ala. Act
				  No. 2000-775;
Code of Ala. 1975
, §§
										38-7-1,
et
seq
., 38-2-6, 15-20-20,
et
seq
.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-46 - CRIMINAL HISTORY BACKGROUND INFORMATION CHECKS › Section 660-5-46-.02 - Coverage

Current through Register Vol. 42, No. 9, June 28, 2024
The provisions of this chapter governing criminal history
				background information checks amends and is applicable to the following:
(1) Minimum Standards for Day Care Centers
			 and Nighttime Centers for Children (660-5-25-.05);
(2) Minimum Standards for Group Day Care
			 Homes and Group Nighttime Homes for Children (660-5-25-.06);
(3) Minimum Standards for Family Day Care
			 Homes and Nighttime Homes for Children (660-5-25-.07);
(4) Minimum Standards for Child Foster Family
			 Homes (660-5-28-.02);
(5) Minimum Standards for Residential Child
			 Care Facilities (660-5-37);
(6)
			 Minimum Standards for Child Placing Agencies (660-5-39);
(7) Minimum Standards for Foster Homes for
			 Adults (660-5-42);
(8) Minimum
			 Standards for Day Care Centers for Adults;
(9) Minimum Standards for Day Care Homes for
			 Adults.
Authors:
Dianne Wright, James E.
				Long
Statutory Authority:
42
				  U.S.C. §5119,
et
seq
.;
				  42 U.S.C.
				  §671(g)(20); Ala. Act
				  No. 2000-775;
Code of Ala. 1975
, §§
										38-7-1,
et
seq
., 38-2-6, 15-20-20,
et
seq
.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-46 - CRIMINAL HISTORY BACKGROUND INFORMATION CHECKS › Section 660-5-46-.05 - Responsibilities Of Employers And Agencies

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Every employer, child care facility,
			 adult care facility, the Department of Human Resources, and child placing
			 agency required to obtain a criminal history background information check
			 pursuant to this chapter shall obtain, prior to or upon the date of employment,
			 or issuance of a license or approval or renewal thereof, and maintain in the
			 agency or personnel file, a request with written consent for the criminal
			 history background information check and a statement signed by the applicant,
			 volunteer, or employee indicating whether he or she has ever been convicted of
			 a crime, and if so, fully disclosing all convictions. The statement shall
			 include a notice and questionnaire the same as or similar to the following:
(a) MANDATORY CRIMINAL HISTORY CHECK NOTICE:
			 Alabama law requires that a criminal history background information check be
			 conducted on all persons who hold a license or work in a Department of Human
			 Resources licensed child care or adult care facility, a foster or adoptive home
			 approved by the Department of Human Resources, or a licensed child placing
			 agency, including all officers and agents of the entity. You are required to
			 provide full, complete, and accurate information on your criminal conviction
			 history upon application for a license or employment. This information shall be
			 used to determine your suitability to provide care to children, the elderly, or
			 disabled individuals. Unless a criminal history background information check
			 report and suitability determination have previously been obtained, you must
			 complete a written request and consent for a criminal history background
			 information check with fingerprints at the time of application for employment.
			 Refusal to complete these documents or providing false information shall result
			 in refusal of employment, approval, or licensure. The term conviction includes
			 a determination of guilt by a trial, by a plea of guilty, or a plea of nolo
			 contendere. You are required to notify your employer, licensing agency, or
			 entity where you are performing volunteer work of any criminal conviction
			 occurring subsequent to the date of completion of this notice. Any individual
			 determined to have submitted false information shall be referred to the
			 district attorney or law enforcement for investigation and possible
			 prosecution. An individual who intentionally falsifies or provides any
			 misleading information on the statement is guilty of a Class A misdemeanor,
			 punishable by a fine of not more than two thousand dollars ($2,000) and
			 imprisonment for not more than one year.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-46 - CRIMINAL HISTORY BACKGROUND INFORMATION CHECKS › Section 660-5-46-.06 - Responsibilities Of The Applicant And Individual To Provide Information

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An applicant,
			 licensee, volunteer, or employee, upon request, shall submit the following
			 items:
(a) Two functional, acceptable
			 fingerprint cards, bearing the fingerprints of the individual, properly
			 executed by a law enforcement agency or individual properly trained in
			 fingerprinting techniques.
(b)
			 Written consent authorizing the release of any criminal history background
			 information to the Department of Human Resources.
(c) A written statement signed by the
			 applicant, volunteer, or employee indicating whether he or she has ever been
			 convicted of a crime, and if so, fully disclosing all convictions. The
			 statement shall include a notice and questionnaire in the form required in rule
			 660-5-46-.05.
(d) The fee of an applicant.
(e) An applicant, licensee, volunteer, or
			 employee shall notify the prospective or current employer, licensing agency, or
			 entity for whom volunteer work is being performed of any criminal convictions
			 occurring subsequent to the date of completion of the notice.
Authors:
Dianne Wright, James E.
				Long
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-46 - CRIMINAL HISTORY BACKGROUND INFORMATION CHECKS › Section 660-5-46-.07 - Fees

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A nonrefundable
			 fee to be paid for the criminal history background information check shall
			 conform to the guidelines promulgated pursuant to
			 42 U.S.C. §
									5119, the National Child Protection Act of
			 1993, and state law.
(2) The
			 Department of Public Safety may charge a fee in the amount prescribed in
			 Chapter 2, commencing with Section
			 32-2-61, of Title 32 of the
Code of Ala. 1975
, for the cost of processing the
			 request. The Department of Public Safety shall charge no larger fee for
			 requests than charged for requests received from those entities. The fee
			 charged for criminal history background information checks shall not exceed the
			 statutory and regulatory amounts set under existing guidelines and no
			 additional administrative fees, except for the cost of mailings, shall be
			 charged which would increase the cost of the criminal history background
			 information check.
(3) An applicant
			 for employment shall be responsible for the cost of the criminal history
			 background information check. An applicant shall not be required to pay the fee
			 until the prospective employing entity is prepared to consider the applicant
			 and request a criminal history background information check. The chief
			 executive officer of the prospective employing entity may pay the fee of an
			 applicant.
(4) For any volunteer or
			 applicant for a volunteer position, the fee for the criminal history background
			 information check may be paid by the volunteer or by the entity requesting
			 volunteer work.
(5) An applicant
			 for a license or approval shall pay the fee for the criminal history background
			 information check at the time the application for the license is submitted;
			 except as provided herein, the Department of Human Resources may pay the fee
			 for adult and child foster care applicants and child adoption
			 applicants.
(6) For an employing
			 entity that requests a criminal history background information check on a
			 current employee, the employing entity shall pay the fee for the criminal
			 history background information check. The employee may be required to pay the
			 fee or a portion thereof provided there shall be no violation of federal
			 minimum wage requirements.
(7) A
			 fee paid for which a criminal history background information check is not
			 performed shall be refunded to the applicant, the individual, or the entity
			 requesting the criminal history background information check.
Authors:
Dianne Wright, James E.
				Long
Statutory Authority:
42
				  U.S.C. §5119,
et
seq
.;
				  42 U.S.C.
				  §671(g)(20); Ala. Act
				  No. 2000-775;
Code of Ala. 1975
, §§
										38-7-1,
et
seq
., 38-2-6, 15-20-20,
et
seq
.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-46 - CRIMINAL HISTORY BACKGROUND INFORMATION CHECKS › Section 660-5-46-.09 - Confidentiality Of Information

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 All reports of criminal history background information received by the
			 Department of Human Resources from the Department of Public Safety shall be
			 confidential and marked confidential with no further disclosure and shall not
			 be made available for public inspection.
(2) All criminal history background
			 information reports shall be excluded from any requirement of public disclosure
			 as a public record.
(3) Without
			 additional public disclosure, the following release of the criminal history
			 background information report shall not be construed to violate this section:
(a) Showing the report to the applicant or
			 current employee.
(b) Release of
			 the report to a court of competent jurisdiction in the event of litigation
			 brought by the applicant or employee.
(c) Release of the report to a court of
			 competent jurisdiction upon a finding that the information is material to the
			 issues of the case before the court.
(d) Use of the report in preparation,
			 investigation, and presentation during a criminal prosecution, or in any
			 administrative proceeding involving the challenge to a suitability
			 determination, or revocation of a license or denial of an application for a
			 license by the Department of Human Resources.
(e) Release to anyone with the written
			 consent of the employee or volunteer.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-46 - CRIMINAL HISTORY BACKGROUND INFORMATION CHECKS › Section 660-5-46-.10 - Penalties

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A person
			 convicted of the following actions under this chapter shall be guilty of a
			 Class A misdemeanor:
(a) Violating the
			 confidentiality of records.
(b)
			 Violating lawfully adopted policies pursuant to this chapter.
(c) Knowingly, willfully, and intentionally
			 making or transmitting a false or misleading report or information concerning
			 past convictions as required under this chapter.
(d) Knowingly, willfully, and intentionally
			 failing to report subsequent convictions as required by this chapter.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-46 - CRIMINAL HISTORY BACKGROUND INFORMATION CHECKS › Section 660-5-46-.11 - Liability

Current through Register Vol. 42, No. 9, June 28, 2024
Nothing in this chapter is intended to create or establish new
				causes of action in any court. Nothing in this chapter shall be construed as a
				waiver of any sovereign or qualified immunity.
Authors:
Dianne Wright, James E.
				Long
Statutory Authority:
42
				  U.S.C. §5119,
et
seq
.;
				  42 U.S.C.
				  §671(g)(20); Ala. Act
				  No. 2000-775;
Code of Ala. 1975
, §§
										38-7-1,
et
seq
., 38-2-6, 15-20-20,
et
seq
.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-46 - CRIMINAL HISTORY BACKGROUND INFORMATION CHECKS › Section 660-5-46-.12 - Hearings

Current through Register Vol. 42, No. 9, June 28, 2024
Administrative hearings will be offered and, if requested, held
				with regard to criminal convictions in either of the following
				situations.
(a) Where a determination
			 of unsuitability has been made based upon an out-of-state or federal conviction
			 determined to fall within the list of disqualifying convictions in Rule
			 660-5-46-.03(29) and
			 (30); or
(b) Where a request for reversal of a
			 determination of unsuitability has been denied.
Author:
James E. Long
Statutory Authority:
Code of Ala.
				  1975
, §
										38-13-7(f).
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-47 - INDIVIDUALIZED SERVICE PLANS › Section 660-5-47-.01 - Legal Authority

Current through Register Vol. 42, No. 9, June 28, 2024
This policy, originally written in 1994, was developed to
				comply with the R.C. Consent Decree which was terminated on January 16, 2007.
				It has been subsequently revised to comply with key principles of the Adoption
				and Safe Families Act of 1997 (P.L.
				105-89) along with other federal and state
				laws.
Author:
Shawanda Harris
Statutory Authority:
Code of Ala.
				  1975
, §§
										12-15-311,
				  12-15-312,
				  12-15-314,
				  12-15-315,
				  41-22-5,
				  41-22-6; The Adoption Assistance
				  and Child Welfare Act of 1980, (PL The Adoption Assistance and Child Welfare
				  Act of 1980 ( PL 96-272); The Adoption and Safe Families Act (PL
				  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 660-5-47 - INDIVIDUALIZED SERVICE PLANS › Section 660-5-47-.03 - Court Orders

Current through Register Vol. 42, No. 9, June 28, 2024
Court orders must be followed.
(1) DHR must seek to have the order lifted or
			 modified if it substantially inhibits attainment of the child's permanency goal
			 or imposes requirements inconsistent with best practice. If the court refuses
			 to modify or lift the order, the county DHR will notify the Director of the
			 Family Services Division. If the Division concurs that the court order meets
			 either of the criteria referenced above, the Division will take appropriate
			 action.
Author:
Shawanda Harris
Statutory Authority:
Code of Ala.
				  1975
, §§
										12-15-311,
				  12-15-312,
				  12-15-314,
				  12-15-315,
				  41-22-5,
				  41-22-6; The Adoption Assistance
				  and Child Welfare Act of 1980, (PL The Adoption Assistance and Child Welfare
				  Act of 1980 ( PL 96-272); The Adoption and Safe Families Act (PL
				  105-89); R.C. v Hornsby, No 88-H-1170-N, Consent
				  Decree (M.D. Ala. Approved December 18,
				  1991).
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-47 - INDIVIDUALIZED SERVICE PLANS › Section 660-5-47-.04 - General Guidelines

Current through Register Vol. 42, No. 9, June 28, 2024
The Department's response to the needs of children and families
				is initially determined at intake based upon the reason for referral. Children
				and families are served by the Department based upon their unique strengths and
				needs with individualized services to address identified needs. This process
				may not occur as neatly or in the order described. The achievement of outcomes
				is essential and the elements of the ISP process are designed to support those
				outcomes.
(1) ISPs will be completed
			 for all children and families for whom a case is opened for on-going child
			 welfare services and the Department is involved in the planning and/or delivery
			 of those services.
(a) The ISP will be a
			 single, family-focused document which includes all the family members as well
			 as any children in out-of-home care placements.
(b) When children are being served in their
			 own homes, the primary focus of the ISP is on safety and health, protecting the
			 children from abuse and neglect, and enabling the children to safely remain at
			 home and achieve permanency and stability in their living situation.
(c) When children are in out-of-home care,
			 the primary focus is on enabling them to safely return home, and when that is
			 not possible, to locate and finalize a safe, stable permanent living situation
			 that supports the children's relationship with family and other individuals who
			 play a significant role in their lives. Parents and primary caregivers must be
			 informed about ASFA's timeframes for achieving permanency and that the
			 individualized service plan they develop with their child and family planning
			 team will identify detailed information on how permanency can be achieved. When
			 children are living in out-of-home care pursuant to a court order granting DHR
			 custody or an Agreement For Foster Care (DHR-FCS-731), child welfare staff
			 shall provide parents and legal custodians with a copy of the pamphlet,
Parents of Children in Foster Care,
no later than the first
			 ISP meeting following the children's entry into care.
(d) When a court order has prohibited all
			 contact with the parents, a family focused ISP is still required. Contact with
			 siblings should still occur.
(e)
			 When parental rights have been terminated, children maintain the right to visit
			 and communicate with their families.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-47 - INDIVIDUALIZED SERVICE PLANS › Section 660-5-47-.06 - Monitoring And Evaluating Individualized Service Plans

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The ISP team is responsible for
			 monitoring and evaluating ISPs, and they will reconvene as frequently as is
			 necessary to revise and develop a new plan should it be found that steps and
			 services are not being implemented or are not effectively meeting needs, and/or
			 steps and goals are not being achieved as anticipated.
Author:
Jerome Webb
Statutory Authority:
Code of Ala.
				  1975
, §§
										12-15-62,
				  12-15-65,
				  41-22-6; The Adoption Assistance
				  and Child Welfare Act of 1980 ( PL 96-272); The Adoption and Safe Families Act
				  (PL
				  105-89); R.C. v Hornsby, No 88-H-1170-N, Consent
				  Decree (M.D. Ala. Approved December 18, 1991).
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-47 - INDIVIDUALIZED SERVICE PLANS › Section 660-5-47-.07 - Documentation And Narrative Recording

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The ISP form must be fully completed on
			 all cases which require an ISP with review and approval by the completing
			 worker's supervisor. It must also be reviewed and appropriately revised
			 following all ISP team meetings. The form captures information about the ISP
			 meeting (e.g., individuals invited to attend, meeting participants,
			 confidentiality agreements, when the plan is distributed to team members);
			 demographics for and information on the family members e.g., date of birth,
			 education, eligibility and entitlements, permanency and concurrent planning
			 goals for the children); and services to meet identified needs and achieve
			 desired permanency goals.
(a) The Addendum is
			 a funding source document and planning tool to document information on children
			 who are residing in out-of-home care pursuant to a court order granting DHR
			 custody or an Agreement for Foster Care. It includes information that is
			 documented in the ISP and/or record. It must be completed on each child who
			 enters out-of-home care within ten (10) days of that child's removal from the
			 home. The completed form must be reviewed following all ISP team meetings and
			 updated when information captured on the form has changed.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-48 - SMOOTH TRANSITIONS INTO ADULTHOOD › Section 660-5-48-.01 - Legal Authority

Current through Register Vol. 42, No. 9, June 28, 2024
This policy has been developed to comply with the following
				"operating principles" or "standards" of the R.C. Consent Decree and it also
				addresses specific provisions of the Consolidated Omnibus Reconciliation Act
				1985 (COBRA, P. L. 99-272) and the Foster Care Independence Act of 1999
				(Chaffee Act, P. L.
				106-169) which amends Part E of Title IV of the
				Social Security Act.
(1)
VIII 57
. The "system of care" shall promote smooth
			 transitions for class members to adult service systems and/or independent
			 living when class members "age out" of the system. The individualized service
			 plans of class members who are expected to "age out" of the system shall
			 provide for such transitions.
Author:
Jerome Webb
Statutory Authority:
Consolidate Omnibus
				  Reconciliation Act of 1985 (COBRA, P. L. 99-272); Foster Care Independence Act
				  of 1999 (Chafee Act, P. L.
				  106-169); R.C. v Hornsby, No 88-H-1170-N, Consent
				  Decree (M.D. Ala. Approved December 18, 1991).
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-48 - SMOOTH TRANSITIONS INTO ADULTHOOD › Section 660-5-48-.02 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
This policy provides guidelines and procedures related to the
				development of systematic, comprehensive plans to facilitate smooth transitions
				into adulthood for all youth who will age out of the system of care. Some youth
				may transition to the Adult Protective Services System while others will
				transition to independent living to become self-sufficient. The Independent
				Living Program's purpose is to provide guidelines on service delivery to meet
				the goal of self-sufficiency for those youth who are expected to transition to
				independent living.
Author:
Jerome Webb
Statutory Authority:
Consolidate Omnibus
				  Reconciliation Act of 1985 (COBRA, P. L. 99-272); Foster Care Independence Act
				  of 1999 (Chafee Act, P. L.
				  106-169); R.C. v Hornsby, No 88-H-1170-N, Consent
				  Decree (M.D. Ala. Approved December 18, 1991).