Title 38 — Title 38
0 chapters · 258 sections in this title.
Ala. Code § 38-12-1 Definitions
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As used in this chapter the following words shall have the following meanings: (1) DEPARTMENT. State Department of Human Resources. (2) FOSTER PARENT. Any person with whom a child in the care, custody, or guardianship of the department, is placed for temporary or long-term care, …
Ala. Code § 38-12-2 Program Established
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(a) There is established a Kinship Foster Care Program in the State Department of Human Resources. (b) When a child has been removed from his or her home and is in the care, custody, or guardianship of the department, the department shall attempt to place the child with a relativ…
Ala. Code § 38-12-3 Investigation of Prospective Kinship Foster Parent
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(a) A person may become a kinship foster parent only upon the completion of an investigation to ascertain if there is a state or federal record of criminal history for the prospective kinship foster parent or any other adult residing in the prospective foster parent’s home. (b) T…
Ala. Code § 38-12-30 Short Title
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This article may be cited as the Alabama Kinship Guardianship Subsidy Act. History: (Act 2010-712, p. 1744, §1.)
Ala. Code § 38-12-31 Legislative Findings
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The Legislature finds and declares the following: (1) There exists in this state a number of children who cannot reside with their parents, legal guardians, or legal custodians because of such parents’, legal guardians’, or custodians’ incapacity or inability to perform the regul…
Ala. Code § 38-12-32 Definitions
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As used in this article, the following terms shall have the following meanings: (1) CAREGIVER. An individual 21 years of age or older, other than a child’s parent, legal guardian, or legal custodian who is an approved foster parent, who is a relative of the child, and who has bee…
Ala. Code § 38-12-33 Kinship Guardianship Subsidy Program
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There is established in the department the Kinship Guardianship Subsidy Program. For the purposes of this article, the department is authorized to use funds that are appropriated for child welfare services and funds provided under the United States Social Security Act, Titles IV-…
Ala. Code § 38-12-34 Subsidies - Authorized; Eligibility
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(a) Subject to rules adopted to implement this article, the department may provide subsidies for an eligible child placed in kinship guardianship by a court, or by a federally recognized Native American Indian tribe, if the child would not be placed in a kinship guardianship with…
Ala. Code § 38-12-35 Subsidies - Amount
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The amount of a kinship guardianship subsidy shall be determined according to this section and as provided by rules of the department. The subsidy may be paid monthly and the monthly amount may not exceed the monthly foster care maintenance board payment for the child if the chil…
Ala. Code § 38-12-36 Subsidies - Duration
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Provided that federal funding is available, the kinship guardianship subsidy shall continue until the following occur: (1) The child who is being cared for by the kinship guardian or successor guardian reaches age 18 years, or age 21 if the child has attained age 16 before the ki…
Ala. Code § 38-12-37 Application
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(a) Applications for the program may be submitted by a prospective kinship guardian. A written agreement between the prospective kinship guardian entering into the program and the department shall precede the award of a kinship guardianship. The kinship guardianship subsidy agree…
Ala. Code § 38-12-38 Review of Subsidy
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If the subsidy continues for more than one year, the eligibility for and amount of the subsidy shall be reviewed at least annually by the department as provided by rule. The subsidy continues regardless of the state in which the kinship guardian or successor guardian resides, or …
Ala. Code § 38-12-39 Adoption of Rules
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The department shall adopt rules for the program consistent with this article. History: (Act 2010-712, p. 1744, §10.)
Ala. Code § 38-12-4 Individualized Service Plan
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(a) The department shall determine whether the person is able to care effectively for the foster child by the following methods: (1) Reviewing personal and professional references. (2) Observing during a home visit of the kinship foster parent with household members. (3) Intervie…
Ala. Code § 38-12-40 Subsidy Excluded from Income; Taxation
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Except as required by federal law or regulation, the kinship guardianship subsidy may not be counted as a resource or income in the determination of the kinship guardian’s, successor guardian’s, or child’s eligibility for any public benefits or assistance. Kinship guardianship su…
Ala. Code § 38-12-41 Initiation of Program
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The department may provide a kinship guardianship subsidy pursuant to this article to any eligible child in department custody by court order on October 1, 2010, and to any eligible child placed in department custody by court order after October 1, 2010. History: (Act 2010-712, p…
Ala. Code § 38-12-5 Rules and Regulations
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The department may adopt rules and regulations to carry out the provisions of this chapter. History: (Act 99-437, p. 864, §5.)