Alabama Administrative Code

Corrective or adverse actions may be imposed by the Department when the licensee fails to meet and maintain standards prescribed by the Department. Corrective and adverse actions may include, but need not be limited to: deficiency reports; corrective action plans; probationary st…

(1) Pre-revocation Hearings. (a) If the Department makes the decision to revoke or refuse to renew the license or six-month permit, a pre-revocation hearing shall be held in order to discuss the intended action and give the licensee/permit holder an opportunity to show why the ac…

The licensee shall provide a variety of toys, games, and other play equipment appropriate to the ages of children specified on the license/permit and to the interests of the children. The licensee shall provide at least two (2) items from each category for each age group for whic…

Notes Ala. Admin. Code r. 660-5-27-.14 New Rule: Filed December 18, 2000; effective January 22, 2001. Repealed by Alabama Administrative Monthly Volume XXXVIII, Issue No. 04, January 31, 2020, eff. 4/22/2019. Statutory Authority: Code of Ala. 1975, as amended (hereinafter referre…

Services for children outside of their own homes on a 24-hour basis in a licensed or approved facility include: diagnosis and evaluation; counseling with parents, relatives, child, provider of foster care; information and referral; recruitment and study of foster care resources; …

(Repealed). Author: Jeanette Gautney Notes Ala. Admin. Code r. 660-5-28-.02 Effective October 11, 1983. Permanent amendment effective April 10, 1987. Succedent permanent amendment effective May 12, 1988. Succedent permanent repealer effective October 16, 1989. Succedent new adopt…

(1) The responsibility of the State Department of Human Resources for providing substitute care to dependent, neglected, abused, and otherwise handicapped children, carries with it: the responsibility of developing new resources; evaluating homes, group homes, and institutions th…

(1) When the decision is made that a child is in need of foster care, the County Department must have either an Agreement for Foster Care (PSD-FCS-731), an order issued by the court giving the County Department the authority to plan for the child pending a court hearing, or an or…

When substitute care becomes necessary, children should be placed in the least restrictive setting possible. This means the most family-like setting that can provide the environment and services needed to serve the child's best interests and special needs. In substitute care, rel…

(1) Child's Case Plan. One requirement necessitates the development of a written case plan for the child within 30 days from the time of placement. For children in foster care or related care less than 30 days, this case plan requirement is waived. A brief case plan statement wil…

(1) Statement of Responsibilities. (a) Of the Department and of the licensed child-placing agency: 1. To recruit, examine and approve foster family homes. 2. To place dependent children in foster family home care. 3. To provide adequate information concerning each child to facili…

(1) The Minimum Standards for Foster Family Homes have been revised in accordance with the following: Child Care Act of 1971 (Title 38, Chapter 7, Code of Ala. 1975,) with specific reference to §§ 38-7-2, 38-7-3, 38-7-4, 38-7-8, 38-7-10; Title 38, Chapter 13, §§1-12, Code of Ala.…

(1) General. The licensing agency will require documentation of and will maintain all qualifications. (a) Age 1. Foster parents shall be: (i) The age of majority (i.e., age 19) however, if the couple is related to the foster child, one spouse may be age 19 or older, the other spo…

(1) General. (a) The home and grounds shall be maintained in a clean and safe condition. 1. A play space for indoor and outdoor activities will be provided. This area should be free from hazardous conditions that may cause injury. 2. The residence shall have a working telephone. …

(1) Physical Care (a) Medical and Dental. 1. Foster parents shall participate in planning to meet the medical and dental needs of child(ren) in custody. This shall be coordinated with agencies who have planning and/or custodial responsibilities. (i) A thorough physical examinatio…

(1) The general requirements which pertain to the care of children prescribed under other sections of this document shall be followed in all applicable respects and, in addition, there shall be compliance with the following special regulations pertaining to the care of minor expe…

(1) The general requirements which pertain to the care of children prescribed under other sections of this document shall be followed in all applicable respects and, in addition, there shall be compliance with the following special regulations pertaining to the care of medically …

(1) Application and Procedure for Approval. (a) Required submissions and agreements 1. The completed Application to Operate Foster Family Home(DHR-612, Rev. 5/01) to the Department of Human Resources 2. Completed Medical Report for Out of Home Care Provider for Children (DHR-2092…

Rules contained in this chapter pertain to the delivery of social services, namely adult services and family and children's services, as provided for in the Title XX Block Grant Annual Plan. The rules are not applicable to the Emergency Welfare Service Program and the Individual …

(1) An application is a written signed request on the agency's designated application form. Each person wishing to receive social services from the Department of Human Resources must be given the opportunity to apply for services without delay. The application may be filed by the…

A service will be denied when an applicant does not meet eligibility requirement or it has been determined that the service to be provided is not needed or accepted by the individual (with the exception of protective services), or is an inappropriate part of the service plan or i…

A decision must be made on all applications within 45 calendar days with the exception of Adult Protective Services after the "date of application" which is the date on which the signed application is received in the county office. A decision must be made on all applications with…

(1) The availability of all adult services with the exception of adult protective service investigations is subject to funding limitations and provider participation. (2) When an eligible client requests a service for which there is no slot immediately available, his application …

Redetermination of eligibility of all persons receiving services shall be made not less frequently than every 12 months. Notes Ala. Admin. Code r. 660-5-3-.06 Effective December 10, 1984. Succedent permanent amendment filed March 8, 1994; effective April 12, 1994. Amended: Filed …

(1) Reduction of Services. The level of services to be reduced when: (a) Funding reductions make it necessary to reduce the amount of service provided; or (b) When necessary to coincide with the individual's or family's current need for service as reflected by the case plan; i.e.…

Any person by law may request a hearing. Refer to Chapter 660-1-5, Hearings, in the General Administration Division. Author: Notes Ala. Admin. Code r. 660-5-3-.08 Effective December 10, 1984. Statutory Authority: 42 U.S.C. 1397; Title XX of the Social Services Act, Code of Ala. 1…

The termination of parental rights (TPR) is one avenue towards achieving permanence for children, and TPR should be pursued when there is a reasonable expectation that permanency can be achieved. This policy provides procedural guidelines for TPR which creates the possibility for…

Both federal and state laws, as well as best child welfare practice, require that permanent homes be expeditiously found for children who are unable to safely remain with their biological family. Child welfare staff must be familiar with these laws as they identify specific circu…

(1) Making The Decision To Pursue Termination of Parental Rights. (a) The decision to file a petition to terminate parental rights is made when: 1. a child cannot be safely returned home or permanently placed with relatives; the court has determined that reasonable efforts are no…

(1) The Code of Ala. 1975, § 26-10A-7, provides for a parent to relinquish physical custody of a child to the Department of Human Resources or a licensed child-placing agency for purposes of adoption. Legal custody is transferred to the adoptive parents through the Interlocutory …

Homemaker Services for Children is assistance provided by homemakers to help families with children by teaching them good methods of home management, child care and personal care; and by managing and keeping the family's home in operation including the provision of supplemental c…

(1) Because of a limitation of funds, Homemaker Services for Children is provided only in certain counties. However, Waivered Homemaker Services will be available when a child who is an SSI or State Supplementation recipient has been approved for waivered Services by the Alabama …

(1) If terminations or reductions are necessary due to funding reductions, the persons most recently authorized will be the first terminated or reduced unless this is a protective service case. (2) Homemaker Services are to be terminated: (a) When goals of service have been achie…

(1) The Emergency Assistance to Families with Children Program (EA) is administered by the Department of Human Resources in order to maximize federal support for the provision of child welfare services to families and children. (2) Whether a family is or is not eligible for Emerg…

(1) Application. (a) An application for Emergency Assistance must be completed for each family by a service worker in the County Department of Human Resources when the worker determines that an emergency exists and that in-house or purchased services are needed for the family and…

(1) A family who is determined to be eligible shall receive an Emergency Assistance authorization for a period not exceeding twelve months. (2) The effective date of the authorization is the first date in which the child is in foster care, custody, supervision, or when purchased …

Services directed toward preventing or remedying abuse, neglect, or exploitation of children under the age of 18 years unable to protect their own interests or harmed or threatened with harm by a person responsible for the individual's health or welfare (and for runaways) through…

(1) When complaints or reports are received, the County Department has the duty and responsibility to assess the complaint or report, and: (a) evaluate the extent to which children are being harmed or are at risk of serious harm; (b) evaluate the parents' capacity to improve the …

(1) Reports of child abuse/neglect are received by a duly constituted authority which is defined in the law to mean: (a) The chief of police of a municipality or municipality and county; (b) The sheriff, if the observation of child abuse or neglect is made in an unincorporated te…

(1) A report of alleged child abuse/neglect is not accepted on any persons who have reached their eighteenth birthday. (2) A report of alleged child abuse/neglect is not accepted on an unborn child. Other Department or community services may be provided to the family of the unbor…

(1) The following standards for conducting CA/N assessments on child abuse/neglect reports must be followed. Any deviations from these standards must have supervisory consultation and approval.(a) Contacts with Law Enforcement. Each County Department must have a written working a…

(1) Determining Safety of Children. (a) Protecting children is the primary role of the Department's child welfare program. The social work practice method is to assess whether children are safe and to intervene when they are not. Children are considered safe when there are no pre…

Following the completion of an CA/N assessment of a report of child abuse/neglect, the worker must arrive at a disposition as to whether the child has experienced abuse/neglect and whether the person identified as responsible for the abuse/neglect was actually responsible for the…

The following rules apply to CA/N assessments conducted by County Departments of Human Resources and child abuse/neglect investigations conducted by law enforcement agencies and state agencies operating child residential facilities except for incidents involving military personne…

(1) The Department of Human Resources is mandated to establish and maintain a statewide Central Registry for reports of child abuse/neglect. Each County Department will also establish and maintain a county registry which will contain the same information submitted to the State Ce…

(1) At the conclusion of the CA/N assessment, a decision regarding a family's need for ongoing protective services shall be made. This decision may be to discontinue DHR services as no protective services are needed, to provide ongoing casework services, to initiate court action,…

(1) Use of Court Intervention. (a) Court intervention is to be used when there is an immediate danger of physical or emotional harm to a child; the parents are unwilling or unable to provide for the child's safety; the child is abandoned, left alone, or unsupervised; the child is…

(1) The Department is required to provide for the development and coordination of multi-disciplinary child protection teams throughout the state to assist and supplement protective services to abused and neglected children. (2) The guidelines and criteria relating to the operatio…

(1) Introduction. (a) The Department of Human Resources is mandated to seek out and aid minor children in the state who are in need of its care and protection, and protective services shall be made available in an effort to prevent further abuse and neglect, and to safeguard and …

(1) Imminent Risk of Placement (into DHR custody and/or foster care) - Family conditions and circumstances that threaten child safety are present and interacting in such a way that it leads a reasonable person to conclude that there is a very high likelihood that a child will nee…