reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-36 - INDIAN CHILD WELFARE ACT (ICWA) › Section 660-5-36-.02 - Working With Indian Children And Their Families

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Safety Needs of Indian
			 Children
: DHR accepts child abuse and neglect reports on children
			 with possible Indian/Alaskan Native heritage who reside off of a reservation.
			 Assessments on these children are conducted by county DHR child welfare staff
			 according to Child Protective Services Policy and Procedures, Safety
			 Assessment. In addition, DHR shall meet the immediate safety needs of
			 Indian/Alaskan native children in the following circumstances:
(a) Indian children are residents of or are
			 domiciled within an Indian reservation but are temporarily located off the
			 reservation and safety threats have been identified.
(b) Regardless of whether a child is a ward
			 of the tribal court or the tribe has exclusive jurisdiction, DHR shall provide
			 protection and meet Indian children's immediate safety needs.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-36 - INDIAN CHILD WELFARE ACT (ICWA) › Section 660-5-36-.03 - Jurisdiction Of Tribal Courts And State Courts

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Active Efforts to Keep an
			 Indian Family Together
: Prior to initiating court proceedings to
			 remove Indian children from their homes, active efforts are made to provide
			 remedial services and rehabilitative programs to prevent placement.
(2)
Jurisdiction of State and
			 Tribal Court
: When the assessment is that an Indian child living
			 off the reservation needs to come into care, the State Court has jurisdiction.
(a) Exclusive Tribal Jurisdiction: Tribal
			 Courts have exclusive jurisdiction over child custody proceedings, as defined
			 in ICWA, that involve Indian children who reside on the reservation or are
			 "domiciled" within the reservation. Tribes determine whether a child is
			 domiciled on the reservation and this is afforded "full faith and credit" by
			 state courts. A tribe's right to intervene in certain proceedings is absolute
			 as specified in 25 United States Code, Chapter 21 §1901 - 1923.
(b) Tribal Court Ward: Tribal Courts have
			 exclusive jurisdiction in cases that involve an Indian child who is a ward of
			 the tribal court. The state court shall contact the tribal court to determine
			 whether the child is a ward of the tribal court.
(c) Emergency Removal -DHR Authority: The
			 Department has authority to take custody and assure the safety of an Indian
			 child who is in imminent danger and who resides on an Indian reservation, is
			 domiciled on a reservation or is a ward of the Tribe but is temporarily off the
			 reservation. DHR is relieved of emergency custody when removal is no longer
			 necessary to prevent imminent danger or the tribe assumes jurisdiction over the
			 child.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-36 - INDIAN CHILD WELFARE ACT (ICWA) › Section 660-5-36-.04 - Out Of Home Placement Of Indian Children

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
ICWA Placement
			 Requirements
: When an Indian child or Alaskan Native child is
			 removed from his/her home ICWA requires that the child be placed with extended
			 family members, other tribal members, or other Indian families. When this is
			 not possible, the Indian child must be placed in a foster home approved or
			 specified by the Indian child's tribe; an Indian foster home licensed or
			 approved by an authorized non-Indian licensing authority; or a children's
			 institution approved by the tribe or one that is tribally operated.
(2)
Deviation from Placement Preferences
:
(a) U. S. C. A. Title 25, Chapter 21
			 §1915 (c) provides for tribal resolution for different order of
			 preference, personal preference considered; and anonymity in application of
			 preferences. If the Indian child's tribe establishes a different order of
			 preference by resolution, the Department shall follow such order as long as the
			 placement is the least restrictive and appropriate to the particular needs of
			 the child.
(b) Guidelines for
			 State Courts developed by the Bureau of Indian Affairs provide considerations
			 for not following the order of preference.
1.
			 The request of the biological parents or the child when the child is of
			 sufficient age;
2. The
			 extraordinary physical or emotional needs of the child as established by
			 testimony of a qualified expert witness; or
3. The unavailability of suitable families
			 for placement after a diligent search has been completed for families meeting
			 the preference criteria.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-36 - INDIAN CHILD WELFARE ACT (ICWA) › Section 660-5-36-.05 - ICWA And The Interstate Compact For The Placement Of Children

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Five areas are
			 considered with the Department's involvement with Indian children placed across
			 state lines.
(a)
Applicability
: ICPC policies and procedures apply to
			 ICWA cases. The extent of involvement that a county DHR has in an ICPC/ICWA
			 case depends on whether the placement originates on a reservation or is
			 destined to a reservation.
(b)
Responsibility
: Tribal authorities hold financial and
			 service delivery responsibility when the tribe assumes jurisdiction pursuant to
			 ICWA. For ICPC cases, the tribe is the "sending agency."
(c)
Placement
			 Supervision
: The supervision of interstate placements of Indian
			 children is determined by the extent of the Indian tribe's involvement in the
			 planning of the placement. If the tribe only consents to the sending agency's
			 placement plan, the Department's ICPC policies apply for both the sending and
			 receiving state. DHR can also be the "sending agency" for placement of Indian
			 children.
(d)
Jurisdiction
: Sending agencies, including Indian
			 tribes, have jurisdiction per ICPC Article V (a) when children are validly
			 placed with families on Indian reservations.
(e)
Reports
: If
			 tribes function as "receiving states" or as agents for receiving states, they
			 can be required to submit supervisory reports.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-36 - INDIAN CHILD WELFARE ACT (ICWA) › Section 660-5-36-.06 - Confidentiality And Requests For Case Information In ICWA Cases

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Statutory
			 provisions and DHR policies regarding confidentiality and the release of
			 information from DHR case records apply to all cases involving Indian children
			 and families.
(2) DHR shall provide
			 to any federally recognized tribe or the Secretary of Interior, upon written
			 request, information concerning placement of Indian children that provides
			 evidence of the Department's efforts to comply with the order of placement
			 preference.
Author:
Margaret Livingston
Statutory Authority:
25 United States Code,
				  Chapter 21 §1901 -1923.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-36 - INDIAN CHILD WELFARE ACT (ICWA) › Section 660-5-36-.07 - Definition Of Terms

Current through Register Vol. 42, No. 9, June 28, 2024
There are certain terms used in the Indian Child Welfare Act
				(ICWA) that have different meanings from their use in other child welfare
				programs.
(1) Child Custody Proceeding
			 - There are four types of child custody proceedings defined and covered in
			 ICWA.
(a) Foster Care Placement is any action
			 removing an Indian child from its parent or Indian custodian for temporary
			 placement in out-of-home care and the parent or Indian custodian cannot have
			 the child returned upon demand, but parental rights have not been
			 terminated.
(b) Termination of
			 Parental Rights is any action resulting in the termination of the parent-child
			 relationship.
(c) Pre-adoptive
			 Placement if the temporary placement of an Indian child in out-of-home care
			 after the termination of parental rights, but prior to or in lieu of adoptive
			 placement.
(d) Adoptive Placement
			 is the permanent placement of an Indian child for adoption, including any
			 action resulting in a final decree of adoption.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-37 - LICENSING: MINIMUM STANDARDS FOR RESIDENTIAL CHILD-CARE FACILITIES › Section 660-5-37-.02 - Personnel

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Personnel
			 Files. Administrative files shall include, but are not limited to, the
			 following information:
(a) Written personnel
			 policies approved by the board which regulate such practices as salaries,
			 fringe benefits, working hours, sick leave, vacation, holidays, retirement, and
			 termination, grievance and training. A copy shall be provided to each
			 employee.
(b) Qualifications and
			 job descriptions for all administrative and regular positions. These shall be
			 reviewed annually by the executive.
(c) Individual personnel files shall be
			 maintained for the executive and for each employee. A file shall also be
			 established for each volunteer who individually has direct contact on a
			 continuing basis with children in circumstances other than under direct
			 supervision of agency staff. The files shall include at least the following:
1. The application for employment or
			 volunteer position.
2. Information
			 regarding the character and suitability of the applicant. This includes but is
			 not limited to:
(i) Results of criminal record
			 check,
(ii) Response to Clearance
			 of State Central Registry On
(iii)
			 Child Abuse/Neglect (DHR-DFC-1598),
(iv) Documentation of contact with former
			 employers and references, and
(v)
			 Other pertinent history.
3. Verification that the employee meets the
			 specific qualifications for his/her particular job as stated in job
			 descriptions of the child care facility.
4. Documentation of completion of
			 training.
5. Signed statement by
			 the employee confirming that they have read and have an understanding of
			 Section IV B, Program Child Care Practices outlined in these
			 standards.
6. Annual
			 evaluations.
7. Medical examination
			 reports as required, which shall be kept apart from general personnel files as
			 a separate, confidential medical record, available only under limited
			 conditions as specified under ADA/ Section 504.
8. Reports regarding criminal convictions or
			 charges occurring after the employment of an individual.
(d) In the event of misconduct or dereliction
			 of duty, a full report of the circumstances, the inquiry procedure followed,
			 and the disposition made shall be recorded and handled in accordance with the
			 child care facility's policies.
(e)
			 Staff records shall be kept for a period of five (5) years after the date of
			 employment termination. These files shall be made available for review by the
			 Department upon request.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-37 - LICENSING: MINIMUM STANDARDS FOR RESIDENTIAL CHILD-CARE FACILITIES › Section 660-5-37-.03 - Social Services

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Social Information. Complete social information shall be obtained prior to
			 admission except in cases of emergency placement. Social information shall
			 include, but is not limited to, the following:
(a) A written application, including reason
			 for referral;
(b) Face Sheet to
			 Include:
1. Child's name;
2. Child's birthdate (verified);
3. Child's race;
4. Child's gender;
5. Name of custody holder;
6. Address of custody holder;
7. Telephone number of custody
			 holder;
8. Name of biological
			 parents;
9. Address of biological
			 parents;
10. Telephone number of
			 biological parents;
11. Emergency
			 Contact name, and telephone number.
(c) Religious affiliation, if any;
(d) Name, address, and relationship of person
			 with whom the child was living immediately prior to placement;
(e) Personal and family history prior to
			 placement;.
(f) Psychiatric and
			 psychological reports, if any are available;
(g) Copy of court custody order, and any
			 agreement with parent, agency or person holding legal custody or having
			 planning responsibility;
(h)
			 Current medical examination report;
(i) School records;
(j) Financial Arrangements;
(k) List of persons related and unrelated who
			 should or should not be allowed visitation rights or contact.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-37 - LICENSING: MINIMUM STANDARDS FOR RESIDENTIAL CHILD-CARE FACILITIES › Section 660-5-37-.04 - Program

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Staff to Child
			 Ratio. The child care facility shall have sufficient number of qualified paid
			 staff to provide for each child's physical and emotional needs at all times and
			 perform required tasks.
(a) The ratio of
			 child care workers to children shall not be less than one child care worker on
			 duty for each 8 children. Exception: During the hours of 10 PM to 7 AM the
			 ratio of child care workers to children shall not be less than one child care
			 worker on duty for each 10 children. When child care staff or other staff have
			 their own children living in the same living units as children under care, such
			 children shall be included in the licensed capacity of the child care
			 facility.
(b) The administrator
			 shall advise the Department in writing of the number of staff's children living
			 in the facility. The State Department may require a higher ratio of staff per
			 child for those child care facilities serving children with more specialized
			 needs as determined by a child's Care/Treatment Plan and or/ISP.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-37 - LICENSING: MINIMUM STANDARDS FOR RESIDENTIAL CHILD-CARE FACILITIES › Section 660-5-37-.06 - Standards Applicable To Specific Facility Types

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Group Home Care. The general requirements
			 pertaining to the care of the children prescribed under other sections of these
			 standards shall be followed in all applicable respects. In addition, there
			 shall be compliance with the following special regulations pertaining to group
			 home care:
(a) In group homes that are an
			 affiliate and an integral part of a parent child care institution or agency as
			 well as those that are unrelated to a parent child care institution or agency,
			 the person employed as executive or supervisor of the facility shall have at
			 least the following qualifications,:
(i) A
			 baccalaureate degree in the field of social work, psychology, administration,
			 or a related field, from a college or university accredited by one of the six
			 regional accrediting associations of the United States;
(ii) Two years of prior experience in working
			 with children and youth and/or on-the-job training in another child care
			 facility.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-37 - LICENSING: MINIMUM STANDARDS FOR RESIDENTIAL CHILD-CARE FACILITIES › Section 660-5-37-.08 - Hearings

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Purpose. If the
			 Department makes the decision to revoke or refuse to renew the license,
			 approval or six-month permit, a pre-revocation hearing must be held. The
			 purpose of the pre-revocation hearing is to provide sufficient opportunity for
			 the licensee/permit or approval holder to show why the action of revocation
			 should not be taken.
(2) Pre
			 Revocation Notice. The notice of the pre-revocation hearing will be sent to the
			 licensee/permit or approval holder by certified mail unless waived.
(3) Pre Revocation Location and Participants.
(a) The pre-revocation hearing will be held
			 either in the County Department or the State Department in Montgomery with the
			 licensee/permit or approval holder and staff members of the Department. The
			 licensee/permit or approval holder has a right to request the issuance of
			 subpoenas to witnesses. The request must be received by the hearing officer no
			 later than 10 days prior to the pre-revocation hearing.
(b) The hearing officer for the
			 pre-revocation hearing will be a staff member of the State Department of Human
			 Resources. The licensee/permit or approval holder must be present at the
			 pre-revocation hearing unless the hearing officer excuses him for a specified
			 reason. He may speak for himself or be represented by an attorney or other
			 representative. An attorney for the Department may also be present.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-37 - LICENSING: MINIMUM STANDARDS FOR RESIDENTIAL CHILD-CARE FACILITIES › Section 660-5-37-.09 - Reports To The Department

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Enrollment. The DHR-BFC-610 report shall
			 be completed and submitted monthly. It is on this form that the administrator
			 shall advise the Department in writing of the number of staff's children living
			 in the facility. Enrollment reports, indicating the number and ages of children
			 enrolled in the facility, shall be submitted to the Department upon written
			 request from the Department.
(2)
			 Changes. The following shall be reported in writing to the State Department Of
			 Human Resources, Office of Licensure prior to occurrence:
(a) If a change in ownership occurs, the
			 facility shall not continue to operate until the new owner applies for and is
			 issued a license/permit/approval.
(b) If a change in location occurs, the
			 facility shall not continue to operate until a new license is applied for and a
			 license/permit/approval is issued for the new location.
(c) If there is a change of the director of
			 the facility, a change of the chief executive officer of the corporation or a
			 member of the board, alterations to the facility or grounds, or a major change
			 to the basic operating schedule or program, the facility shall not continue to
			 operate until a new license is applied for and a license/permit/approval is
			 issued.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-38 - [Repealed] › Section 660-5-38-.01 - Legal Authority

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										38-7-1 through -17, §§
										41-22-1 through -27.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-38 - [Repealed] › Section 660-5-38-.02 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										38-7-1 through -17, §§
										41-22-1 through -27.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-38 - [Repealed] › Section 660-5-38-.03 - Administration

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										38-7-1 through -17, §§
										41-22-1 through -27.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-38 - [Repealed] › Section 660-5-38-.04 - Social Services

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										38-7-1 through -17, §§
										41-22-1 through -27.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-38 - [Repealed] › Section 660-5-38-.05 - Program

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										38-7-1 through -17, §§
										41-22-1 through -27.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-38 - [Repealed] › Section 660-5-38-.06 - Physical Facilities

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Department of Human
				Resources
Statutory Authority:
Code of Ala.
				  1975
, §§
										38-7-1 through -17, §§
										41-22-1 through -27.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-38 - [Repealed] › Section 660-5-38-.07 - Maternity Centers

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										38-7-1 through -17, §§
										41-22-1 through -27.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-38 - [Repealed] › Section 660-5-38-.08 - Shelter-Care Facilities

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										38-8-1 through -17, §§
										41-22-1 through -27.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-38 - [Repealed] › Section 660-5-38-.09 - Adjunct Programs

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										38-7-1 through -17, §§
										41-22-1 through -27.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-38 - [Repealed] › Section 660-5-38-.10 - Character And Suitability Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
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 660-5-38 - [Repealed] › Section 660-5-38-.11 - Application And Procedure For License

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										38-7-1 through -17, §§
										41-22-1 through -27.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-38 - [Repealed] › Section 660-5-38-.12 - Provisions Of The License

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										38-7-1 through -17, §§
										41-22-1 through -27.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-38 - [Repealed] › Section 660-5-38-.13 - Revocation Of A License

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
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 660-5-38 - [Repealed] › Section 660-5-38-.14 - Request For A Fair Hearing

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
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 660-5-38 - [Repealed] › Section 660-5-38-.15 - Conduct Of Fair Hearing

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
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 660-5-38 - [Repealed] › Section 660-5-38-.16 - Unlicensed Facilities

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
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-.01 - Legal Authority

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Licensing Requirement
. Any person, group of persons or
			 corporation who or which receives or arranges for care or placement of one or
			 more children unrelated to the operator must apply for a license or approval to
			 operate a child-placing agency.
(2)
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 child-placing agencies.
Author:
Jerome Webb
Statutory Authority:
Code of Ala.
				  1975
, §§
										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-.02 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
ADULT
. Any person 19 years of age or older.
(2)
CAREGIVER
. A
			 person providing care and guidance of children in the home.
(3)
CHARACTER AND
			 SUITABILITY
. The person maintains business/professional family and
			 community relationships that are characterized by honesty, fairness,
			 truthfulness, and concern for the well-being of others to the extent that the
			 person is considered suitable to be entrusted with the care, guidance and
			 protection of children.
(4)
CHILD
. Any person under 19 years of age.
(5)
CHILD-CARE FACILITY or
			 FACILITIES FOR CHILD CARE
. A child-care facility where more than
			 10 children are received and maintained for the purpose of providing them with
			 care or training or both, but does not include:
(a) Any facility for child care which is
			 under the ownership or control, or both, of the state of Alabama, or which is
			 operated or certified or licensed by another agency or department of the state
			 of Alabama;
(b) Any juvenile
			 detention home established and operated by the state of Alabama;
(c) Any bona fide boarding school in which
			 children are primarily taught branches of education corresponding to those
			 taught in public schools, grades 1 through 12, or taught in public elementary
			 schools, high school or both elementary and high schools.
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-.03 - Administration

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Board of Directors
. Where a board exists, the board
			 shall perform the following functions:
(a)
The Board and the Department
.
1. The board shall consult with the
			 Department prior to establishing a new child-placing agency, changing the
			 purpose, goals and function of the basic program or extending services into
			 additional program or geographic areas.
2. The board shall notify the Department when
			 there is a change of the executive and/or chief officer of the board.
3. The board shall provide financial
			 information to the Department.
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-.04 - Character And Suitability

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Applicants/licensees (see II Legal Authority, Section B, Definitions, Page 6),
			 household members, caregivers (see II Legal Authority, Section B, Definitions,
			 Page 6), substitutes, domestic workers, volunteers, or other persons who have
			 contact with the children in care or unsupervised access to the children in
			 care shall be of good moral character. Information regarding the character and
			 suitability of applicants for a license shall be reviewed by the Department at
			 the time of the initial application for a license. Subsequent character and
			 suitability reviews shall be conducted at the discretion of the Department.
			 Evidence that an applicant/licensee, caregiver, substitute, domestic worker,
			 volunteer, or other person who has contact with the children or unsupervised
			 access to the children, is of unsuitable character may be the basis for the
			 denial of an initial application, denial of an application for renewal of a
			 license, suspension of a license/permit, or revocation of a license or
			 six-month permit.
(2) The
			 applicant/licensee shall conduct a character and suitability review, as set
			 forth below, of substitutes, caregivers, domestic workers, volunteers, and
			 other persons have contact with the children or unsupervised access to the
			 children.
(3) Factors to be
			 considered in determining character and suitability shall include but need not
			 be limited to:
(a)
References
.
1. At
			 the time of initial application, each applicant for a license shall provide the
			 Department with the names, addresses, and telephone numbers of at least three
			 persons who are unrelated to the applicant or household member by blood,
			 marriage, or adoption. These persons shall be contacted by the Department to
			 determine the applicant character, community reputation, work history, and
			 suitability to care for children or to have contact with children. The
			 Department may, at its discretion, contact additional sources that can attest
			 to the applicant/character and suitability to care for children or to have
			 contact with children.
2. The
			 applicant/licensee shall obtain at least three written references for each
			 current and prospective caregiver, substitute, domestic worker, volunteer, or
			 other person who has contact with the children or unsupervised access to the
			 children. References shall attest to the person's character, community
			 reputation, work history, suitability to care for children or to have contact
			 with the children. Reference contacts shall not be related to the person by
			 blood, marriage, or adoption. Written references shall be kept on file at the
			 child placing agency office.)
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-.05 - Child And Family Services

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Case Load
			 Assignment
. The number of cases for which professional staff are
			 responsible shall not exceed those defined by the R. C. Consent Decree as
			 outlined by the following, unless otherwise defined by policy:
(a) Traditional foster care cases
			 18
(b) Therapeutic foster care
			 cases 8
(c) Adoptive and Resource
			 cases 40
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-.06 - Foster Family Homes

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A
			 child-placing agency with authority to approve foster homes and to place
			 children in approved foster family boarding homes or foster family free homes
			 shall:
(a) Have a licensed social worker to
			 conduct all approvals and subsequent reapprovals of foster homes.
(b) Approve only foster homes that meet the
			 requirements of the Minimum Standards for Foster Family Homes: Principles,
			 Regulations and Procedures.
(c)
			 Make all placements of children through the approved child-placing agency and
			 with knowledge and consent of the custodial agency.
(d) Notify in writing the local County
			 Department of Human Resources in which the foster family home is located that
			 said home has been approved. The County Department shall also be notified when
			 the home is no longer approved.
(e)
			 The State Department of Human Resources, Family Services Partnership, Office of
			 Foster Care, is to be notified when a DHR employee, State Office or County
			 Office, or DHR Official makes application to become a foster care provider.
The homes of
DHR Officials or DHR employees
shall not
be approved for use as a foster
			 home provider if there is a possible conflict of interest situation, e.g.,
			 personnel that engage in the placement or supervision of foster children, or
			 personnel that regulate the licensing or approval of homes or facilities for
			 the placement of children. The State Department of Human Resources will provide
			 a written statement regarding whether there is a possible conflict of
			 interest.
(f) A licensed
			 child-placing agency
shall not
conduct or approve a
			 foster home study on any of its employees or officials, which includes board
			 members, volunteers or anyone else who has direct affiliation with the agency.
			 Arrangements must be made with another licensed child-placing agency or
			 licensed social worker to conduct and approve the study, make a placement,
			 provide post-placement supervision and for reapproval of the home.
(g) Maintain individual foster family home
			 records on each home used by the child-placing agency in accordance with
			 Paragraph I. 4.
(h) Establish a
			 policy that the child's worker will have contact with the child at least every
			 three months and will evaluate and update the case plan/ISP every six
			 months.
(i) Share written
			 evaluations when another agency is working with the family. The child-placing
			 agency shall share written evaluations of the child and his/her situation with
			 the agency working with the family at no greater than six month
			 intervals.
(j) Provide written
			 protocol on the matching of children and foster families and documentation to
			 support placement of children. Placement shall be made only after careful
			 consideration is given as to how well the prospective foster family will meet
			 the child's needs and preferences.
Author:
Jerome Webb
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-.07 - Visiting Homes For Children Living In Licensed Child Care Institutions And Group Homes

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Visiting
			 home means a resource 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 for limited periods of time. These homes generally
			 provide the child with a break for group home living, particularly during
			 holidays, weekends and school breaks. The group home or child care institution
			 generally identifies homes in the community for children who do not have other
			 visiting resources. The child placing agency provides the training and
			 supervision of the home. The same procedures stated above in Section "C"
			 entitled, "Foster Family Homes," and Section I. 4 entitled, "Records" shall be
			 followed with the following exceptions:
(a) A
			 letter shall be written to the visiting home family advising that the home is
			 approved for a specified period of time, not to exceed one year. The approval
			 shall be for a specific child or children for either a specified visit(s) or
			 for regular visits. The letter is in lieu of BFC-735, Foster Family Home
			 Approval. One copy of the letter shall be sent to the agency having primary
			 planning responsibility for the child or children, and one copy to the licensed
			 child care institution or group home to authorize the social worker of the
			 licensed child care institution or group home to plan directly with the
			 visiting home parents for visits.
(b) The licensed child care institution or
			 group home with responsibility for the child shall be responsible for obtaining
			 necessary authorizations for visits made by the child with the visiting parents
			 at places other than the visiting home, both within and outside the
			 State.
(c) Financial reports may be
			 required only as determined necessary by the licensed child-placing agency or
			 by the Department of Human Resources.
(d) Copies of documentation of two reference
			 checks.
Author:
Jerome Webb
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-.08 - Adoptive Homes

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The goal of
			 adoption is to provide the child, in the absence of care and nurture by the
			 child's natural family, with a permanent family, with whom the child may
			 develop his/her own personal identity.
(a)
General Requirements For Adoptive Applicants
:
1. Applicants must be at least nineteen years
			 of age.
2. An applicant, who is a
			 single person, may apply.
3.
			 Applicants, who are married, must have been married at least one
			 year.
4. Applicants motivation must
			 be determined and understood.
5.
			 Applicants must be financially stable.
6. Applications may be accepted by persons
			 employed outside the home; however, the discretion to require full time
			 presence in the home by an applicant to ensure a child's adjustment into the
			 home is reserved.
7. Applicants are
			 required to provide medical reports indicating that all family members are in
			 good health.
8. Adoptive parents
			 must provide medical treatment to children as recommended by a legally licensed
			 physician.
9. Applications shall be
			 accepted from persons of any religious faith.
10. Applications may be accepted when either
			 the prospective father or mother is a citizen of the United States.
11. The applicants race of national origin
			 will not be used as the single or exclusive criterion in the placement of
			 children for Adoption.
12.
			 Applicants must have a Criminal History Check completed and a suitability
			 letter issued before adoptions can be completed.
13. A request for clearance of State Central
			 Registry on Child abuse/neglect (DHR-DFC-1598) shall be submitted on each
			 applicant and household member over the age of 14 years of age. (Refer to B.,
			 3., b. on Page 18.).
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-.09 - Adoption Statutes

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 child-placing agency shall ensure that the child has full protection of the law
			 through completion of legal adoption in accordance with Title 26, Chapter 10,
			 Sections 10 A and 10 C,
Code of Ala. 1975
(see copy of
			 the Alabama Adoption Law in the addendum), or appropriate adoption laws where
			 the child lives.
(2) If the
			 adoptive family moves to another state during the adoption process (in advance
			 of a Final Order of Adoption being issued by the court), the agency which
			 placed the child shall request services through the Interstate Compact on the
			 Placement of Children of a corresponding agency or the state social service
			 agency in the other state to follow up on required visits to the family's new
			 home and submit a report in writing to the placing agency.
Author:
Jerome Webb
Statutory Authority:
Code of Ala.
				  1975
, §§
										38-7-1 through -17, §§
										41-22-7 through -17.
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-.10 - Legal Custody

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Custody
			 shall be accepted only when the child-placing agency is equipped to serve the
			 child. A child-placing agency shall be permitted to assume legal custody of a
			 child in cases where the change of legal custody or guardianship is required in
			 the best interests of the child. Transfer of legal custody can be accomplished
			 only through court action.
Author:
Jerome Webb
Statutory Authority:
Code of Ala.
				  1975
, §§
										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-.12 - Records

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 child-placing agency shall maintain case records on all cases.
(a)
Confidentiality of Records
			 and Information about Children and their Families
.
1. Confidential information concerning
			 children shall not be used or disclosed for any purpose not directly concerned
			 with the objective of care/treatment of the child as provided in the
Code of Ala. 1975
.
2. Confidentiality of all information about
			 children and their families shall be maintained as follows:
(i) By keeping case records in files that are
			 locked when unattended.
(ii) By
			 restricting any disclosure of the whereabouts of the children to only (a) the
			 parent or person having legal custody, (b) the agency having legal custody, or
			 (c) persons providing authorized services.
(iii) By treating as confidential any and all
			 discussions of information about children and their families.
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-.13 - Office Setting

Current through Register Vol. 42, No. 9, June 28, 2024
The agency shall provide adequate and comfortable facilities
				for a reception room; office for interviewing, placement of children,
				conferences, and clerical staff; a room (or rooms) appropriately furnished and
				which offers privacy to serve as a meeting place for adults and children for
				visits, becoming acquainted, and/or in preparation for adoption or for foster
				family placement; and a secure repository for storage of records and microfilm.
				The agency shall not store agency records in a room in a personal home or have
				the operation of the agency in a room in a personal home.
Author:
Jerome Webb
Statutory Authority:
Code of Ala.
				  1975
, §§
										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-.14 - Application And Procedure For License

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Application for a License.
(a) Any person, group or persons or
			 corporation may obtain an application form for a license to operate a
			 child-placing agency by contacting the Department of Human Resources by letter,
			 telephone or scheduled visit.
(b)
			 With the application form, a person is provided a copy of the
Minimum Standards for Child-Placing Agencies
:
			 Principles, Regulations and Procedures
and an Information
			 Form.
(c) The completed application
			 is to be returned to the Department within 30 days from the date of inquiry if
			 such person, etc., wishes to pursue his/her plan to operate a child-placing
			 agency or if such person is already operating a child-placing agency illegally
			 (without a license).
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-.15 - Revocation Of A License

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 Department may revoke or refuse to renew the license or refuse to issue a full
			 license to the holder of a 6-month permit, should the licensee fail to comply
			 with the following standards:
(a)
			 Consistently fail to maintain standards prescribed and published by the
			 Department;
(b) Violate the
			 provisions of the license issued;
(c) Furnish or make any misleading or any
			 false statements or report to the Department;
(d) Refuse to submit to the Department any
			 report or refuse to make available to the Department any records required by
			 the Department in making investigation of the child care facility for licensing
			 purposes; provided, however, that the Department shall not revoke or refuse to
			 renew a license in such cases unless it has made written demand on the person,
			 firm, or corporation operating the facility requesting such reports, and such
			 person, firm or corporation fails or refuses to submit such records for a
			 period of ten days;
(e) Fail or
			 refuse to submit to an investigation by the Department;
(f) Fail or refuse to admit authorized
			 representatives of the Department at any reasonable time for the purpose of
			 investigation;
(g) Fail to provide,
			 maintain, equip and keep in safe and sanitary condition premises established or
			 used for child placing as required under standards prescribed by the
			 Department, or as otherwise required by any law, regulation or ordinance
			 applicable to such facility;
(h)
			 Refuse to display its license or permit; or
(i) Fail to maintain financial resources
			 adequate for the satisfactory care of children served in regard to upkeep of
			 premises and provisions for personal care, medical services, clothing, learning
			 experience and other essentials in the proper care, rearing, and training of
			 children.
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-.16 - Appeal For A Fair Hearing And Review

Current through Register Vol. 42, No. 9, June 28, 2024
(1) In the event a party or an applicant for
			 a license or a licensee is denied a license or a renewal of a license or has a
			 license suspended or revoked for the operation of a child-care facility
			 required by this chapter to be licensed by the Department, or in the event an
			 application for such a license or renewal of a license is not acted upon with
			 reasonable promptness, or in the event an approval required by this chapter to
			 be issued by the Department is denied or revoked or unduly delayed, any
			 aggrieved party may appeal to the Department for a fair hearing of his case.
			 Notice and opportunity for a fair hearing and notice of right to counsel shall
			 be given the appellant by the Department, and at this hearing any party at
			 interest may appear and present any relevant facts. The decision or action of
			 the Department on any fair hearing on any such appeal shall be final and
			 binding and shall be complied with.
(2) Any party aggrieved by a final decision
			 or action of the Department refusing to grant or to issue, or suspending or
			 revoking a license or an approval for the operation of any child-care facility
			 required by law to be licensed or approved by the Department, is entitled to a
			 review of such final decision or action by filing a complaint with the circuit
			 court in the county in which the child-care facility is located or in the
			 circuit court of Montgomery County, Alabama. All such complaints shall be filed
			 within 30 days from the date of such final decision or action, and a review
			 shall be granted as a matter of right upon the filing with the Department of a
			 bond for security of costs of said review and upon filing said complaint both
			 with the register or clerk of the circuit court, as designated herein above,
			 and with the Department. The court may set aside the final decision of the
			 Department only upon a finding of the court that such final decision was
			 illegal, capricious or unsupported by the evidence. Upon motion of either party
			 or upon its own motion, the court may at its discretion take additional
			 evidence. The provisions of this section shall not apply to boarding homes and
			 free homes as defined in this chapter. (Acts 1971, 3rd Ex. Sess., No. 174, p.
			 4423, §9.)
Author:
Jerome Webb
Statutory Authority:
Code of Ala.
				  1975
, §§
										38-4-5 through -6, §§
										38-7-1 through -17, §§
										41-22-1 through -27.