Alabama Administrative Code

To be eligible for SUP based on need an individual must be a recipient of Supplemental Security Income through the Social Security Administration. (See Attachments 660-2-4-.19 a and b.) Author: Notes Ala. Admin. Code r. 660-2-4-.19 Effective June 28, 1983. Amendment effective Sep…

Author: Notes Ala. Admin. Code r. 660-2-4-.20 Effective June 28, 1983. Amendment effective October 9, 1984. Emergency amendment effective January 1, 1985. Succedent permanent amendment effective January 9, 1985. Succedent emergency repealer effective March 10, 1986. Succedent per…

Author: Notes Ala. Admin. Code r. 660-2-4-.21 Effective June 28, 1983. Amendment effective August 9, 1984. Succedent emergency repealer effective March 10, 1986. Succedent permanent repealer effective June 17, 1986. Statutory Authority: Social Security Act Titles XVI and XIX; 20 …

Author: Notes Ala. Admin. Code r. 660-2-4-.22 Effective June 28, 1983. Emergency repealer effective March 10, 1986. Permanent repealer effective June 17, 1986. Statutory Authority: Social Security Act Titles XVI and XIX; 20 C.F.R. 416 ; 42 C.F.R. 435 ; Title XIX State Plan; Code …

A non-SSI individual receiving State supplementation is automatically eligible for Alabama Medicaid benefits except for individuals in Cerebral Palsy Treatment Centers. See Chapter 660-2-5. Author: Notes Ala. Admin. Code r. 660-2-4-.23 Effective June 28, 1983. Statutory Authority…

At any time the worker suspects abuse or neglect of any child or adult, he must immediately refer the case to the appropriate service unit. All persons receiving State supplementation are referred to the service unit when problems or needs of individuals are evidenced or services…

To be eligible for State SUP, an individual must either provide the Social Security account number when known, or apply for a Social Security account number when one has not been assigned, or is unknown or the individual is otherwise unable to provide an accurate account number. …

(1) Eligible non-SSI SUP recipients receiving optional supplementation as of March 7, 1986 may continue to receive a monthly payment to supplement their other income to help pay for the cost of their care. Eligibility continues only for as long as all optional supplementation pro…

Specialized Independent Homelife care includes services incidental to a medical need to assist the functionally impaired individual with personal hygiene, dressing, ambulation, meal preparation, eating, self-administering medications and maintaining a safe and sanitary environmen…

(1) Definition. As used in this section, "skilled nursing and skilled rehabilitation services" means services that: (a) Are ordered by a physician; (b) Require the skills of technical or professional personnel such as registered nurses, licensed practical (vocational) nurses, phy…

Effective February 14, 1992, the care provider of independent homelife care or specialized independent homelife care must be an employee of a certified home health agency or (if the County Health Department does not make homelife services available in the county or to this indivi…

The Department determines eligibility for Medicaid in accordance with the provisions of Title XIX of the Social Security Act. The Department determines the individual's eligibility for AR in accordance with the provisions of Title IV-A of the Act and the non-SSI individual's elig…

(1) Any person has the right to apply for assistance, have his/her eligibility determined, and if found eligible, to be certified for Medicaid. The recipient must assume the responsibility of furnishing all necessary facts and documentation to establish or reestablish eligibility…

Notes Ala. Admin. Code r. 660-2-5-.03 Effective June 28, 1983. Emergency amendment effective August 1, 1985. Permanent amendment effective October 9, 1985. Succedent emergency amendment effective October 1, 1988. Succedent permanent amendment effective January 26, 1989. Succedent…

Notes Ala. Admin. Code r. 660-2-5-.04 Effective June 28, 1983. Succedent emergency amendment effective October 1, 1991. Succedent permanent amendment effective January 9, 1992. Repealed by Alabama Administrative Monthly Volume XXXVI, Issue No. 11, August 31, 2018, eff. 9/21/2018.…

Notes Ala. Admin. Code r. 660-2-5-.05 Emergency rule effective April 1, 1985. Permanent rule effective June 10, 1985. Repealed by Alabama Administrative Monthly Volume XXXVI, Issue No. 11, August 31, 2018, eff. 9/21/2018. Author: Statutory Authority: Social Security Act, Title XI…

Notes Ala. Admin. Code r. 660-2-5-.06 New Rule: Filed May 6, 1997; effective June 10, 1997. Repealed by Alabama Administrative Monthly Volume XXXVI, Issue No. 11, August 31, 2018, eff. 9/21/2018. Author: Melody Armstrong Statutory Authority: Social Security Act, Title XIX; 42 C.F…

The following terms are pertinent to the understanding of the sections below: (1) "Based on need" shall be defined in terms of whether HEA and/or SMA was provided to or on behalf of an ADC, SUP or SSI applicant/recipient. (2) "Private, nonprofit organization" shall mean a religio…

(1) In that certain home energy assistance (HEA) and support and maintenance assistance (SMA) provided to ADC, SUP and SSI applicants/recipients by private sector entities may be excluded as income and resources in the determination of eligibility and benefit level, the Departmen…

In compliance with State and Federal Laws, the Department of Human Resources hereby establishes and operates a program for locating parents or putative parents, establishing paternity, establishing or modifying support obligations, enforcing support obligations, and collecting su…

UIFSA was created to identify ways to improve the efficiency and effectiveness of interstate child support enforcement by addressing interstate cases in a uniform manner. The Personal and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193), mandated that all states a…

The following definitions shall apply to this chapter: (a) Child - an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to t…

(1) The Department of Human Resources is the support enforcement agency in Alabama. (2) Upon request, the Department will provide the following services to a petitioner in a UIFSA proceeding: (a) take all steps necessary to enable an appropriate tribunal of this state, another st…

(1) Duties of the Department of Human Resources as the State Information Agency: (a) Compile and maintain a current list, including addresses, of the tribunals in this state which have jurisdiction under UIFSA and any support enforcement agencies in this state and transmit a copy…

(a) The Department of Human Resources shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The Department of Human Resources shall furnish to a requesting party or tribunal of another state or a foreign country a certified statement …

(a) An obligor may contest the validity or enforcement of an income withholding order issued in another state and received directly by an employer in this state by registering the order in a tribunal of this state and filing a contest to that order as provided in Article 6 of UIF…

(a) A party or support enforcement agency seeking to enforce a support order or an income withholding order, or both, issued in another state or a foreign support order may send the documents required for registering the order to a support enforcement agency of this state. (b) Up…

(1) As used in this Chapter, the following terms shall have the following meaning: (a) "Acknowledgment of Paternity" - a document when properly completed by the natural mother and the father of a child, and filed with the Alabama Center for Health Statistics creates a legal findi…

(1) Recipients of Family Assistance (FA) shall participate with the IV-D child support agency in establishing paternity. (2) Children who are in the custody of the Department of Human Resources and who are receiving out-of-home care from a state agency or who are otherwise receiv…

(1) Three processes are involved in the establishment of paternity. (a) Uncontested Consent Process 1. In the uncontested consent process, both the mother and the alleged father must agree that the alleged father is the biological father of the child. 2. The alleged father and th…

(1) Any signatory of an Acknowledgment of Paternity has the right to rescind the acknowledgment within 60 days of signing, or the date of an administrative or judicial hearing relating to the child. This is done by the rescinding party filing a motion in court. (2) After the 60-d…

(1) As used in this Chapter, the following terms shall have the following meaning: (a) "Account" - A demand deposit account, checking or negotiable withdrawal order account, savings account, time deposit account, or money-market mutual fund account. (b) "Arrearage" - Past-due chi…

(1) The Child Support Enforcement Program and financial institutions doing business in the state are required to enter into agreements to secure information leading to the enforcement of child support orders. A data match system has been developed requiring financial institutions…

(1) For a case to qualify for submittal for the Financial Institution Data Match program, it must meet the following criteria: (a) There must be a court order or an administrative order of support. (b) The noncustodial parent's total arrearages from all cases, including interest,…

(1) The state IV-D agency is authorized to file a notice of lien against the real and personal property of any noncustodial parent who resides or owns property in the state and owes past-due child support. Liens against personal property other than personal property subject to a …

(1) Upon acknowledgment from the Secretary of State that a lien has been filed, the state IV-D agency sends: (a) An Obligor Notice of Lien to the noncustodial parent informing him/her that a lien has arisen by operation of law on any personal property belonging to him/her or acqu…

(1) The noncustodial parent has a right to an administrative desk review of the action taken to implement a lien and a levy against his/her assets. The request for review must be in writing within fifteen (15) calendar days of the date appearing on the Notice of Lien. The Obligor…

1. A Notice of Release of Lien/Levy shall be sent by the state IV-D agency when: (a) The child support debt is paid in full; (b) The Notice of Lien/Levy was filed in error; (c) The noncustodial parent has filed bankruptcy; (d) Documents indicate that the noncustodial parent's nam…

(1) The state IV-D agency has the authority to impose penalties for failure to comply with the terms of Financial Institution Data Match. Failure of a financial institution to cooperate may take place at two stages in the Financial Institution Data Match Process: (a) A financial …

(1) The state IV-D agency of another state may determine that a noncustodial parent holds assets in a financial institution doing business in the State of Alabama. Full faith and credit shall be given to liens arising from any judicial or administrative action in another state. T…

(1) Providing for a program for the publishing in newspapers with general circulation throughout the state and posting on the DHR website the names of ten delinquent obligors in any county in support payments. Author: Elizabeth Farris Notes Ala. Admin. Code r. 660-3-13-.01 New Ru…

(1) In order to qualify as a candidate for the Ten Most Wanted Program, the case must meet the following criteria: (a) There must be a court order of current support. (b) No court order entered by default is eligible. (c) The obligor's location is unknown to the IV-D agency. (d) …

(1) An obligor who meets the criteria to be a candidate for the Ten Most Wanted Program shall be sent a notification by regular mail to his/her last known address. The Notice shall state that the obligor may avoid being included in the publication by doing all of the following wi…

(1) The IV-D agency shall distribute for publication in newspapers with general circulation throughout the state and post on the DHR website at a minimum of twice per year or monthly as deemed appropriate by the agency, the obligors who are to appear in the publication. (2) The c…

Child support services may be provided directly by the Department or purchased pursuant to Federal law, 45 CFR, Chapter III, Part 304, and 2 CFR, Chapter II, Part 200. Costs incurred in the operation of the program must be eligible for reimbursement under Title IV-D of the Social…

Some services are purchased from public and private agencies and/or individuals. The formal purchase agreement is a signed contract. Specific allowable costs are outlined in the purchase of service contracts or Department or Human Resources' policy. Further information about allo…

(1) The policies and procedures in this Chapter on Hearings apply only to the Department's administration of Title IV-D of the Social Security Act. Dissatisfactions pertaining to the applicant's or recipient's claim for Family Assistance will be handled under the hearing procedur…

(1) Basis for Request (a) A request for a hearing may be made by the applicant/recipient, or non-custodial parent, putative parent, or any other person directly affected by actions of the agency, or by someone acting in their behalf. The request may be made when: 1. Application f…

Author: Notes Ala. Admin. Code r. 660-3-15-.03 Effective June 28, 1983. Emergency repealer effective October 1, 1983. Permanent repealer effective January 9, 1984. Statutory Authority:P.L. 93-647 ; 42 U.S.C. 651 et seq.; § 9 of P.L. 96-611 ; 42 U.S.C. 663; 45 C.F.R. 205 - 235, 30…

Author: Notes Ala. Admin. Code r. 660-3-15-.04 Effective June 28, 1983. Emergency repealer effective October 1, 1983. Permanent repealer effective January 9, 1984. Statutory Authority:P.L. 93-647 ; 42 U.S.C. 651 et seq.; § 9 of P.L. 96-611 ; 42 U.S.C. 663; 45 C.F.R. 205 - 235, 30…