Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-54 - ALABAMA YOUTH RESIDENTIAL FACILITY ABUSE PREVENTION ACT › Section 660-5-54-.06 - Rulemaking Authority; Authority Of Department To Act In Loco Parentis; Registration Approval Required; Performance Of Services In Accordance With Religious Beliefs

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 department shall have the authority to act in loco parentis for any child
			 covered under this section in need of immediate health, welfare, protective, or
			 other critical services until that child's parent or guardian can be contacted
			 and is able to make those decisions in the interest of the child.
(2) Performance of services in accordance
			 with religious beliefs.
(a) No religious,
			 faith-based, or church non-profit, other non-profit, or for profit affiliated
			 youth residential facility, youth social rehabilitation facility, community
			 treatment facility for youths, youth transitional care facility, long term
			 youth residential facility, private alternative boarding school, private
			 alternative outdoor program, and any organization entrusted with the
			 residential care of children in any organizational form or combination defined
			 by this section may operate in this state without a current registration
			 approval from the department.
(b)
			 Nothing in this rule shall prohibit a religious, faith-based, or church
			 non-profit, other non-profit, or for profit residential, rehabilitation,
			 community treatment, transitional care facility, or private alternative
			 boarding school or outdoor program that utilizes religious, prayer, or
			 spiritual means as the basis for its program or services from providing those
			 services in accordance with its religious beliefs. Any such facility or program
			 shall include in its advertising that it bases its services or treatment on
			 religious principles. Such facility or program shall provide to any applicant a
			 detailed explanation of its faith-based programs. Such facility or program may
			 require participants to participate in these programs, notwithstanding any
			 other provision of this chapter. This chapter shall not give the department the
			 authority to regulate or prohibit religious-based treatment; provided, however,
			 the treatment shall not be used to violate or circumvent any of the other
			 requirements of this chapter related to the physical safety and condition of
			 any child or the condition of the facility.
(c) Nothing in this rule shall prohibit a
			 religious, faith-based, or church non-profit, other non-profit, or for profit
			 residential, rehabilitation, community treatment, or transitional care
			 facility, or a private alternative boarding school, or outdoor program that
			 utilizes religious, prayer, or spiritual means as the basis for its services
			 from providing those services in accordance with its religious
			 beliefs.
(d) Nothing in this rule
			 shall give the department the authority to regulate or prohibit religious-based
			 treatment or services provided that, the treatment or services are not in
			 violation of any requirements of this rule as it relates to the safety and
			 welfare of children.
(e) Nothing in
			 this rule shall be construed or interpreted to authorize any state agency to
			 license or regulate a non-residential private, church or non-profit school
			 offering instruction in grades K-12, or any combination thereof that houses or
			 contains children or youth for a period of less than 24
			 hours.