Alabama Administrative Code

(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…

(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 l…

(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 a…

(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.…

(1) In working with any out-of-state agency or individual in the placement of any child, the child-placing agency shall comply with provisions of the "Interstate Compact on the Placement of Children law" concerning the bringing into the state of any child, or the "Interstate Comp…

(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 …

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 childr…

(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 …

(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 Departmen…

(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 applic…

(1) Licenses issued by the Department in child-placing agencies are valid for two years from the date of issuance, unless revoked by the Department or voluntarily surrendered by the licensee. (2) The license is not transferable from one individual or group or corporation to anoth…

(1) If the Department representative determines, through investigation, that any person, group of persons or corporation is, or has been, operating an unlicensed child-placing agency, the results of the investigation shall be reported to the Attorney General and to the appropriat…

Any applicant/recipient of services dissatisfied with an action taken by the Department is entitled to a fair hearing. Refer to Chapter 660-1-5, Hearings, in the General Administration Division. Author: Notes Ala. Admin. Code r. 660-5-40-.01 Effective June 28, 1983. Emergency ame…

(1) The purpose of protective services is to provide services to elderly and/or disabled adults unable to protect their own interests or are harmed or threatened with harm through the action or inaction by another individual because of physical or mental impairment or lack of kno…

The following definitions shall apply to this rule: (a) "Adult in Need of Protective Services" is a person 18 years of age or older whose behavior indicates that he is mentally incapable of adequately caring for himself and his interests without serious consequences to himself or…

(1) The Department of Human Resources receives reports from any person, including but not limited to, any social worker, law enforcement officer, physician and other practitioners of the healing arts serving adults who have reasons to believe an individual has been subjected to a…

(1) All complaints and reports (including anonymous ones) about adults who, the reporter has reason to believe, have been subjected to abuse, neglect, or exploitation and who have no one able, willing, and available to assume the necessary care and protection shall be investigate…

(1) Protective services may include: (a) Case management 1. assessing the need for services 2. case planning 3. arranging services such as medical care or other community services 4. reassessment/follow-up 5. monitoring on an ongoing basis the delivery of and need for services (b…

Any adult 18 years of age or over who is at risk of abuse, neglect and exploitation or at risk of institutionalization and meets the definition of an adult in need of protective services given in Rule 660-5-41-.02 is eligible for protective services for adults and may be eligible…

I. INTRODUCTION Under Section 38-9G-2, Code of Alabama 1975, the Alabama Department of Human Resources is responsible for establishing and maintaining a statewide registry known as the Alabama Elderly and Adult in Need of Protective Services Abuse Registry (hereinafter, "Registry…

(1) Foster care for adults provides services in private approved homes on a 24-hour basis for persons who are in need of residential care in a family setting. It serves the individual who is unable to live in his or her own home and whose family is unable to meet the client's nee…

(1) To be eligible for foster care, an adult recipient must be: (a) At risk of abuse, neglect, or exploitation; or (b) At risk of institutionalization; and (c) Able to live safely outside of an institution with the provision of foster care and other available services; and (d) Un…

(1) The amount of the client's payment for room and board is to be agreed upon between the client and the foster family, with help from the service worker. It is expected that the client's payment shall be an amount at least equal to 75 percent of the SSI standard. If the client …

(1) The State Department of Human Resources has established polices and procedures for a program of foster care for adults which prescribes minimum standards to be met by the homes to provide such care. (2) As designated agents of the State Department of Human Resources, each Cou…

(1) Application is made to the local County Department of Human Resources to operate a foster family home. Forms to be used for that purpose may be secured at the county office. The following are procedures for approving or denying operation of a foster family home: (a) Upon rece…

(1) Requirements for the foster family home are as follows: (a) The house shall meet regulations regarding sanitation, fire protection and building safety of the city or county in which it is located. The foster family home and grounds shall be free from anything which constitute…

(1) Day care for adults is a program of care for a portion of a 24-hour day in a protective setting for the individual for whom day care is an appropriate part of a case plan and is at risk of abuse, neglect, or exploitation or at risk of institutionalization. Service includes me…

(1) To be eligible for adult day care, an adult recipient must meet one of the priorities listed. Priorities will be given in the following order: (a) Persons for whom day care is an appropriate part of a case plan and who are at risk of abuse, neglect, or exploitation or (b) Per…

(1) Homemaker service provides assistance in managing and keeping in operation the home of the individual who is (1) at risk of abuse, neglect, or exploitation and for whom homemaker service is the least restrictive method by which such protection can be provided; or (2) at risk …

(1) Day health for adults is a program of care for a portion of a 24-hour day in a protective setting for the adult who is an SSI and/or State Supplementation recipient who has been approved for Waivered Services by the Alabama Medicaid Agency and who, without the provision of da…

(1) To be eligible for adult day health an adult recipient must be: (a) An SSI and/or State Supplementation recipient who has been approved for Waivered Services by the Alabama Medicaid Agency and who, without the provision of day health services, would require nursing home care.…

Alabama Act 2000-775 provides for criminal background checks for licensees, license applicants, volunteers, volunteer applicants, and prospective and current employees of licensed or approved child and adult care facilities and for foster homes and adoptive homes approved by chil…

The provisions of this chapter governing criminal history background information checks amends and is applicable to the following: (1) Minimum Standards for Day Care Centers and Nighttime Centers for Children (660-5-25-.05); (2) Minimum Standards for Group Day Care Homes and Grou…

When used in this chapter, the following words shall have the following meanings: (1) ADULT. An individual 19 years of age and older. (2) ADULT CARE FACILITY. A person or entity holding a Department of Human Resources license or approval or certification to provide care, includin…

(1) Every employer, child care facility, adult care facility, the Department of Human Resources, and child placing agency shall request the Department of Public Safety to conduct a criminal history background information check for the following: (a) An employment applicant, emplo…

(1) Every employer, child care facility, adult care facility, the Department of Human Resources, and child placing agency required to obtain a criminal history background information check pursuant to this chapter shall obtain, prior to or upon the date of employment, or issuance…

(1) An applicant, licensee, volunteer, or employee, upon request, shall submit the following items: (a) Two functional, acceptable fingerprint cards, bearing the fingerprints of the individual, properly executed by a law enforcement agency or individual properly trained in finger…

(1) A nonrefundable fee to be paid for the criminal history background information check shall conform to the guidelines promulgated pursuant to 42 U.S.C. § 5119, the National Child Protection Act of 1993, and state law. (2) The Department of Public Safety may charge a fee in the…

(1) Criminal history background information checks shall be performed by the Department of Public Safety upon request by an employer, child care facility, adult care facility, or child placing agency authorized to make a request, or the Department of Human Resources. The Departme…

(1) All reports of criminal history background information received by the Department of Human Resources from the Department of Public Safety shall be confidential and marked confidential with no further disclosure and shall not be made available for public inspection. (2) All cr…

(1) A person convicted of the following actions under this chapter shall be guilty of a Class A misdemeanor: (a) Violating the confidentiality of records. (b) Violating lawfully adopted policies pursuant to this chapter. (c) Knowingly, willfully, and intentionally making or trans…

Nothing in this chapter is intended to create or establish new causes of action in any court. Nothing in this chapter shall be construed as a waiver of any sovereign or qualified immunity. Authors: Dianne Wright, James E. Long Notes Ala. Admin. Code r. 660-5-46-.11 New Rule: File…

Administrative hearings will be offered and, if requested, held with regard to criminal convictions in either of the following situations. (a) Where a determination of unsuitability has been made based upon an out-of-state or federal conviction determined to fall within the list …

This policy, originally written in 1994, was developed to comply with the R.C. Consent Decree which was terminated on January 16, 2007. It has been subsequently revised to comply with key principles of the Adoption and Safe Families Act of 1997 (P.L. 105-89) along with other fede…

Various terms used in this policy are described below. (1) Addendum - The acronym for "Case Planning Addendum for Children in Out-Of-Home Care." The Addendum is a funding source document for federal reviews and for assessing and case planning for children residing in out-of-home …

Court orders must be followed. (1) DHR must seek to have the order lifted or modified if it substantially inhibits attainment of the child's permanency goal or imposes requirements inconsistent with best practice. If the court refuses to modify or lift the order, the county DHR w…

The Department's response to the needs of children and families is initially determined at intake based upon the reason for referral. Children and families are served by the Department based upon their unique strengths and needs with individualized services to address identified …

(1) ISPs shall be developed, reviewed, and revised in partnership with the age-appropriate children, their parents, service providers, and other members of the child and family planning team; and be based on underlying conditions related to identified safety threats and risks. (2…

(1) The ISP team is responsible for monitoring and evaluating ISPs, and they will reconvene as frequently as is necessary to revise and develop a new plan should it be found that steps and services are not being implemented or are not effectively meeting needs, and/or steps and g…

(1) The ISP form must be fully completed on all cases which require an ISP with review and approval by the completing worker's supervisor. It must also be reviewed and appropriately revised following all ISP team meetings. The form captures information about the ISP meeting (e.g.…