Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-50 - VISITING › Section 660-5-50-.06 - Children Visits

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The child
			 in foster care has the right to visit with parents, other family members, and
			 friends unless visiting places the child's safety at risk; substantially
			 inhibits attainment of the goals of the safety plan or the permanency goal of
			 the ISP; or subjects the child to intimidation regarding investigative
			 statements or court testimony. An ISP need not be in place for visits to occur.
			 Visits will begin immediately upon placement unless restrictions are imposed.
			 Visits with parents or others may not be used as rewards or punishment. Visits
			 are to take place in the most normalized, family-like setting that meets the
			 child's need for safety.
(a)
The
			 Role of the Child and Family Planning Team
- Visiting is needed to
			 maintain and strengthen family and other attachments. Visiting is also a right
			 of the child and family. Thus the ISP will identify visiting as a step needed
			 to maintain and/or strengthen attachments to parents, other family members, and
			 friends; and the ISP will identify steps needed to permit visiting that is
			 desired by the child and family. The child and family planning team will
			 identify services needed to support and encourage visiting. Also, the team will
			 clarify, among other things, the role and responsibilities of the foster care
			 provider and service providers in supporting, arranging, approving,
			 participating in or supervising visits; the role of the DHR worker in
			 supporting, supervising, or approving visits; any therapeutic purpose
			 particular visits are expected to serve; and restrictions, if any, to be placed
			 on visits. The team's decisions will respect the family's culture (beliefs and
			 values). Issues related to visiting will be reassessed frequently.
(b)
Placement Visits
- Normally, the parent(s) and child will visit a placement prior to the child's
			 move. The parent(s) and child should be informed of their visiting rights at
			 this time. The worker shall encourage and support the parent(s) to participate
			 in the actual placement of the child. When a pre-placement visit has not
			 occurred, the DHR worker shall inform the parent(s) and child of their visiting
			 rights at the time of placement. When it is not feasible to inform the
			 parent(s) at the time of placement (
e.g.
, the
			 parent(s) is inaccessible, an emergency prevents oral notice), prompt notice
			 will be provided after placement.
(c)
Arrangements for
			 Visits
- Unless restrictions apply, visits may be initiated by the
			 family, the child, friends, or the foster care provider. Visits will be
			 conducted in accordance with the "reasonable rules" of the foster care provider
			 as permitted by this policy. The visitor and foster care provider (who will
			 involve the age appropriate child) will mutually agree on the time of day,
			 duration, and location of visits, unless these matters are specified in the
			 ISP. The DHR worker will normally not arrange or be present at visits, unless
			 requested by the child or visitor; the ISP or safety plan requires the worker
			 to arrange, supervise or otherwise be involved in visits
			 (
e.g.
, when necessary to protect the child's safety);
			 or to obtain information for court reports and/or child and family planning
			 team participation. The DHR worker, or another person designated by the worker
			 or the child and family planning team, will mediate any conflicts that occur
			 between the family and foster care or service provider(s) over visits. If
			 problems persist, the DHR worker will discuss the matter with the child and
			 family planning team. The child should not be asked or expected to mediate
			 conflicts. Visits of parents will be arranged so as to encourage and permit the
			 parent(s) to engage in routine parenting functions such as performing daily
			 care responsibilities such as bathing, feeding, dressing of the child; helping
			 with homework; attending school functions and conferences with the child;
			 transporting or going with the child to a medical appointment; taking the child
			 shopping, for a hair cut or for other personal care; or taking the child on
			 family or recreational outings such as church, picnics, walks, cook-outs,
			 family holidays and reunions.
(d)
Location of Visits
- Visits will occur in the most
			 normalized family-like setting that will meet the child's need for safety.
			 Visits may occur in the foster home or other placement, the family residence, a
			 relative's home, or the site of special events such as the school, church,
			 park, etc. Visits should not occur at the offices of the County Department
			 unless necessary to protect the child's safety, or unless requested and agreed
			 upon by the age appropriate child and visitor. When visits are to be
			 supervised, they may occur at the foster home or other placement or another
			 acceptable site.
(e)
Frequency of Visits
- Daily visits with the parent(s)
			 and other family member(s) will be encouraged. At a minimum, the team will
			 encourage and support weekly visits with the parent(s) if the permanency goal
			 is for the child to return home. If the permanency goal is relative placement,
			 at least weekly visits with the relative will be encouraged and supported. If
			 frequent visits are not occurring between the child in care and the parent(s),
			 other family members or friends, the DHR worker will assess the reasons and
			 take steps needed to encourage and promote frequent visits, including arranging
			 visits as needed. The worker will also discuss the issue with the child and
			 family planning team. When the parent(s) is unable to visit frequently even
			 with supportive services, mail and telephone contacts will be intensified. The
			 Department will reimburse the parent(s) as necessary via local or flex funds to
			 enable intensified phone and mail contact.
(f)
Reasonable Rules for
			 Visits
- The foster care provider may require the child and those
			 with whom the child visits to abide by the following reasonable rules. The time
			 of day, duration and location of visits will be determined by the child's,
			 family's, and provider's circumstances; parents, family members and other
			 visitors will give the provider advance notice of visits unless excused by
			 prior arrangement; when visiting is at the provider's home or other placement,
			 the parent(s) or other visitor may be required to abide by reasonable "house
			 rules" of the provider; the foster care provider may require the parent(s) or
			 other visitor to leave if they arrive for the visit in an apparent intoxicated
			 or drug induced state, or exhibit threatening or abusive behavior to the child
			 or provider. If necessary, DHR should be called for assistance in terminating
			 the visit. The police should be used only as a last resort; and, the foster
			 care provider may refuse to allow the child to leave with the parent(s) or
			 other visitor who appears incapable of caring for the child
			 (
e.g.
visitor who is physically ill, appears
			 intoxicated, or exhibits threatening or abusive behavior to the child). When
			 the foster care provider cancels or limits a visit the provider should document
			 their observation of the visitor's behavior or action that caused concern.
			 These observations, and actions taken by the provider, should be shared with
			 the DHR worker immediately, and addressed with the parent(s) or other visitor
			 at an appropriate time.
Author:
Jerome Webb