Ala. Admin. Code r. 660-5-22-.03

Current through Register Vol. 43, No. 1, October 31, 2024

Section 660-5-22-.03 - Adoption Placement

(1) In fulfilling its responsibility to seek out and protect children in need of its service, the Department has an obligation to accept into its permanent custody those children who must be permanently separated from their own families and to place for adoption only those children for whom parental rights have been terminated and for whom custody has been committed to the Department by final order of the court.

(2) Legal Risk Placement. A legal risk placement is placement of a child with a prospective adoptive resource on a foster care basis pending legal proceedings to terminate parental rights or during appeal proceedings of a court order terminating parental rights. In some situations, infants may be placed with prospective adoptive families directly from the hospital on a legal risk, foster care basis. Direct placements will be considered only under the following conditions:

(a) The birth parents have been interviewed and counseled by the worker prior to the birth of the child and have had ample opportunity to consider alternate plans for the child, to decide whether adoption is the best plan for them and the child, and to understand the effects and permanency of adoptive placement and termination of parental rights.

(b) The birth mother and legal father, if there is one, have been interviewed after the child's birth and have had an opportunity to reconsider their plan after the birth of the child and to confirm their decision to place the child for adoption.

(c) The Department is prepared to accept permanent custody of the child.

(d) The infant has been observed in the hospital nursery by a pediatrician and medical reports on the child are submitted to the Office of Adoption indicating the health status of the newborn child and the implications of any observable or suspected medical problems.

(e) An approved adoptive resource is available and appropriate for placement of the infant on a legal risk basis.

(f) The status of the alleged or legal father has been determined, preferably with an interview, such as to indicate the likelihood of moving easily from a legal risk placement to an adoptive placement.

(3) In offering services to families who are interested in having placed in their permanent home a child or children whom they may adopt, the Department has an obligation to consider carefully their interest and, if appropriate, to enter into a study for the purpose of deciding with them whether their home is a resource for a child who may be in the Department's custody.

(4) Application for the placement of a child should be filed in the county in which the applicants live. General requirements for adoptive applicants have been established to provide the applicants and the agency some guidelines within which to work.

(5) Applications to adopt children will be accepted from employees of the Department of Human Resources. For employees who applied to and incurred expenses with a licensed child-placing agency prior to March 9, 1990, the Department will continue to assume the cost of the fee charged by the agency for the home study and supervision of the child in the home, except that no expenses incurred out-of-state or transportation expenses of foreign born children will be paid. The Department will not assume the cost of applications by Department employees to child-placing agencies. All Department policies concerning acceptance of adoption applications, eligibility requirements, and placement processes shall apply to Department employees. In carrying out those policies, no special consideration may be given to an applicant's status as a Department employee. A Department employee may not apply to adopt a child who is or has been within his or her caseload, or in a caseload of a worker under his or her direct supervision.

(6) General Requirements For Applicants:

(a) Age. Both husband and wife must be at least nineteen years of age. Other than this restriction, applications to adopt may not be denied solely on the basis of a person's age. In considering the appropriateness of an adoptive resource for a particular child, however, the applicant's age in relation to the age of the child to be placed will be considered in conjunction with the other general requirements listed in these rules.

(b) Single Person(s). Applications may be accepted from single persons.

(c) Marriage. Applicants must have been married at least three years. Marriage verification must be made. Acceptable documentation of marriage includes a valid marriage certificate sufficient to recognize a legal or common-law marriage in the jurisdiction. Previous marriages, divorces or deaths must be verified.

(d) Criminal Records Check. Applicants and members of their household 19 years of age and older are required to be fingerprinted and have a criminal records check.

(1) No home can be approved where any adult (or individual tried as an adult) in the household has been convicted of a crime (felony or misdemeanor) in this or another state at any time involving:

(i) a sex-related crime. Such crimes include, but are not limited to, sexual abuse, sexual exploitation, molestation, rape, child pornography, sale or exhibition of obscene materials, sodomy, sexual mischief, incest, enticement for immoral purposes, prostitution, obscenity; or

(ii) serious intentional, reckless or negligent physical injury, danger or death of any person. Such crimes include, but are not limited to, murder, homicide, manslaughter, assault with a weapon, reckless endangerment, kidnapping, unlawful imprisonment; or

(iii) a crime against a child. In addition to those crimes listed in 5(d)1.(i) and 5(d)1.(ii) such crimes include, but are not limited to, abandonment, endangerment, non-support, assault; or

(iv) involving major intrusion upon property or use of weapon to secure property. Such crimes include, but are not limited to, burglary and robbery; and

(v) arson; or

(vi) manufacture, sale, distribution, use or possession of controlled substances, opiates, illegal, addictive, or narcotic drugs. Such crimes include, but are not limited to, convictions for DUI, DWI or for sale, distribution or possession of cocaine, heroin, LSD, marijuana, or alcohol.

2. Exceptions:

(i) Category I

(I) On an individual basis, the Division of Family and Children's Services may make an exception which will allow for the approval of an application notwithstanding the facts that a household member has a criminal conviction involving (1) major intrusion upon property or use of a weapon to secure property [other than those crimes falling under the no exception category] or (2) arson. A Category I exception will only be given where there is evidence of rehabilitation by the felon supported by credible documentation.

(II) Credible documentation includes:

(1) written statements from law enforcement or community leaders;

(2) statements regarding extenuating circumstances surrounding the crime and indicating that the crime is not likely to reoccur in the future;

(3) statements regarding involvement in community organizations or programs;

(4) statements establishing successful completion of a rehabilitation program indicating rehabilitation and a propensity not to recommit the crime in the future.

(ii) Category II

(I) On an individual basis, a special committee established by the State Department of Human Resources may grant an exception which will allow for the approval of an application notwithstanding the fact that a household member has a criminal conviction [other than to those crimes falling in the no exemption category] for a (1) sex related crime; (2) serious, intentional, reckless or negligent physical injury, danger or death of any person; or (3) a crime against a child; or (4) the manufacture, sale, distribution, use or possession of controlled substances, opiates or illegal, addictive or narcotic drugs. However, due to the serious nature of these offenses certain conditions must exist before a request for an exception will be evaluated. In case of a felony conviction, ten years must have elapsed since the sentence was served or probation ended, whichever is later. In the case of a misdemeanor, five years must have elapsed since the sentence was served or probation ended, whichever is later

(II) The application for a Category II exception will be reviewed by a three person Category II Exception Committee, none of whom has been involved in the case. In addition to the information cited above, the Committee will require evidence of rehabilitation supported by credible documentation. Credible documentation includes:

(1) written statements from law enforcement or community leaders;

(2) statements regarding extenuating circumstances surrounding the crime and indicating that the crime is not likely to reoccur in the future;

(3) statements regarding involvement in community organizations or programs; or

(4) statements establishing successful completion of a rehabilitation program indicating rehabilitation and a propensity not to recommit the crime in the future; or

(5) pardon, if it exists. Furthermore, additional information may be requested by the Committee, such as a medical examination, drug screening, psychological evaluation or personal interview with the County Department and applicant. A recommendation will be made by the Category II Exception Committee to the Director of Family and Children's Services for a final decision. The County Department will receive a response to their request from their county assistance consultant based upon the Director's decision.

3. No exception will be granted where there is a criminal conviction involving:

(i) a sex-related crime against a child;

(ii) serious intentional reckless or negligent physical injury or death of a child.

(e) Motivation. It is important to understand the motives of applicants who are seeking a child and the extent to which they are motivated by their own needs and by the needs of a child. Where infertility is present, the issues surrounding the infertility should be covered in considering the motivation to adopt.

(f) Financial Stability. There is no minimum income level for applicants. The family should have sufficient income and savings to meet its needs and provide for the child or children without difficulty. (Money management is important, as well as the amount of income and savings.)

(g) Employment. Applications may be accepted from a person(s) even though they are employed outside of the home. If the application is approved, placement of a child may be made even though the person(s) plans to continue employment outside the home. The Department may exercise sound discretion in requiring a person(s) to remain in the home with a child for a reasonable period of time when a particular child requires the presence of that person(s) to ensure his adjustment. The employment plans of a prospective parent(s) outside the home will be discussed during the study process. The Office of Adoption will review such plans for approval. When placement plans are being made where the mother or the single parent plans to continue employment, specific information will be secured about child-care plans. Such plans are to be approved by the Office of Adoption.

(h) Health. The agency requires medical reports indicating that all family members are in good health.

(i) Assurance of Medical Treatment. The Department must have assurance that the adoptive parents are willing to provide medical treatment to children as recommended by a legally licensed physician.

(j) Religion. Applications may be accepted from persons of any religious faith. Children should have parents who can give them an opportunity for spiritual and ethical development. Any religious differences between the applicants should be worked through prior to approval.

(k) Residence. Applications may be accepted from persons who currently live in Alabama and who expect to remain in Alabama long enough to complete the application process and have a reasonable period of consideration for placement. Inquiring families living outside the State should be referred to the public social service agency in the state where they live.

(l) Citizenship. The application may be accepted where either the prospective father or mother is a citizen of the United States. In instances of single parent adoption, the parent must be a citizen of the United States. If naturalization is imminent, the family study may be initiated, but placement will not be made until citizenship of at least one parent is granted.

(m) Race. Race or national origin will not be used as a single or exclusive criterion in the placement of children for adoption. The categorical denial of placements based on race or national origin is hereby prohibited. The consideration of race or national origin of the child or prospective parents will be used as one relevant factor in placements only if doing so is in the best interest of the child. This determination will be made on a case by case basis to take into account the particular child, parents and circumstances.

(n) Exceptions. Exception to the requirement that applicants must have been married for at least three years may be made in order to locate the most appropriate resource for a child with exceptional needs such as a child with marked physical or mental handicaps, black children, older school-age children or large family groups. Clearance should be made with the Office of Adoption prior to initiating home study.

(7) The Adoptive Home Study. The purpose of an adoptive home study is to meet the needs of the children for whom the agency has planning responsibility and to help adoptive applicants determine whether they have the capacity to become parents. Major consideration should be given to the personal adjustment of each of the prospective parents, their relationship to each other, their relationship to their own parents and siblings, their deeper as well as expressed motives in seeking a child, their understanding of children and children's needs, and their ability to accept an adopted child. At least one home visit during the study is required as well as individual interviews with the applicant(s).

(a) The following information on the adoptive couple or person should be included in the home study:

1. How the couple or person came to apply;

2. Experience with children, particularly adopted children;

3. Expectations they have for the prospective child;

4. Autobiography written by the applicants;

5. Description of the home and neighborhood;

6. Marital relationship including courtship, wedding, present satisfactions and adjustments and leisure time activities;

7. Early life;

8. School and work experiences, including child-care plans if both parents work or if applicant is single and employed;

9. Feelings on infertility, if present;

10. Religion;

11. The type child they will accept, including information on whether they will accept handicaps, special needs or problems, and certain background factors;

12. Ideas about child rearing;

13. Attitude about telling child of his adoption;

14. Information on others in home; and

15. Family support systems.

(b) At least two references are to be interviewed after it is reasonably certain that the applicant(s) will be recommended for approval.

(c) A diagnostic evaluation will be recorded at the end of the study and is inclusive of recommendation of the type of child as well as future plans for the applicant(s).

(d) Applicants are to be given a choice of group or individual study. The group study lends itself to an educational approach. The minimum number of group sessions is four and the following outline is followed: Session I-Basic Adoptive Information; Session II-Values Clarification; Session III-Panel of Adoptive Parents or Professionals; and Session IV-Parenting Skills. Following these sessions, the same steps are taken as in the conventional study method, namely home visit, references, recording, evaluation and assessment.

(e) Final approval of an application must be made by the Department.

(8) Release of Adoption Home Studies. Approved adoption home studies shall not be released to another state agency. Independent agency or Private Independent Practitioner prior to six (6) months after the date of the approval of the adoption home study.

(9) Reapplications. Applications for the second child may be taken at any point after the first adoption is legally final. The study includes areas of change since the first study and what applicants will accept in the second child.

(10) Rejection of Application. The failure to approve an application must always be related to the Department's responsibility to choose homes which appear to be the ones that would best serve the children under care.

(11) Selection of Home.

(a) The adoptive home is selected by the Office of Adoption in the State Office and its choice is shared with the County Office. Adoptive parents are selected on the basis of their capacity to meet the needs of a particular child rather than the length of time they have waited for a placement. The prospective family is advised of the availability of the child for placement, and it is made clear that they are not obligated to take the child proposed for them.

(b) Adoption by Foster Parents. The Department recognizes that, for many children who become free for adoption, the child's foster parents will be the most appropriate adoptive resource. In those situations where the foster parents request to adopt a child in their home, those foster parents will be given first consideration as an adoptive resource for the child. The decision as to whether the foster home will be approved as the child's adoptive home will be a decision of the Department based upon the following factors: the child's attachment to the foster parents, the length of time the child has been in the home, the age of the child in relation to age of foster parents, health and income of foster parents, involvement/interference from biological family, and appropriateness of the foster home placement.

(12) When a legal risk placement [refer to definition in subsection (2)] is to be considered, the following procedures will be followed:

(a) The approved adoptive family must be issued a foster home approval for the particular child to be placed, unless the resource is already an approved foster home.

(b) A board payment (current rate) or Medicaid only (if the adoptive/foster parents do not desire to receive the board payment) will be awarded. The board payment and Medicaid will be in effect only until the adoptive home placement agreement is signed.

(c) Upon placement of the child, the foster/adoptive parents will be required to sign an acknowledgment of the legal risk involved in the placement and an acceptance of the child on a foster care basis pending legal proceedings to terminate parental rights. Adoption placement agreements will not be initiated until the child is legally free for adoption.

(13) Placement Process. The child is seen by the couple who will be given as much time as they wish to be with the child. History of child will be discussed, pertinent medical information will be reviewed, and questions will be answered. Pre-placement visits may be necessary before the child and the adoptive parents are ready for placement. Each placement will be handled in accordance with the child's and adoptive parents' needs and capacities. If the couple decides to take the child they will be asked to sign the Adoptive Home Placement Agreement, which is also signed by a representative of the State Department of Human Resources. The couple will be given copies of the child's medical record and the Adoptive Home Placement Agreement. They will be instructed to have the child seen by their own pediatrician or physician as soon as possible. The supervising County Department will be sent copies of the child's record while in foster care, his medical, and a copy of the placement interview and placement agreement.

(14) Post Placement Services.

(a) The County Department will be responsible for providing or arranging post-placement services to the family and the child in the adoptive home.

(b) For children placed by the Department, at least two visits during the first three months should be made by the county worker, the first visit being with the child and family in the adoptive home within forty-five days of placement. At the end of the three months, the family may be ready to request that consent be given to their adoption of the child. Recording is forwarded to the Division of Family and Children's Services immediately after each visit, and the last should be accompanied by a request for consent to be given if the family is ready to initiate the legal procedure and if the worker agrees that this is appropriate. After the court has issued an Interlocutory Order, at least two more visits are to be made prior to issuance of the final decree and copies of the recording of each visit are sent as they are made to the Office of Adoption. Both adoptive parents should be involved in the post-placement contacts.

(c) Where the Department is investigating the adoption of children placed independently or by agencies other than the Department, only one post-placement visit is required. That visit with the child and adoptive family must occur in the home of the adoptive family within 45 days of the child's placement in the home. Additional services or visits should be provided by the worker as indicated by the family's or child's needs.

(15) Removal after Placement. The agency has authority to remove the child after placement and before legal adoption. This step should be considered only for reasons such as separation of the adoptive parents, death, mental breakdown, serious incapacitating illness, discovery of a felony conviction, or failure in adjustments. Even in such cases, the County and State Departments of Human Resources must examine each situation individually to determine whether the child should be removed. Every possible help should be offered the family before considering removal.

(16) Work with Other Agencies in Adoption. The State Department is prepared to work with any authorized or licensed child-placing agency in or out of the State in the interest of placement of a child with an Alabama family whose application is or can be approved. The interested family and the other agency should request this service. Applications may not be in approved status with the Department of Human Resources and another child-placing agency simultaneously.

(17) Intercountry Adoptions. The Department of Human Resources may work with families in Alabama who are interested in intercountry adoptions if those families have knowledge of a particular child and/or a particular agency which will consider placement with them. However, in most instances these families will be referred to licensed child-placing agencies whose services include intercountry placement.

Ala. Admin. Code r. 660-5-22-.03

Effective October 11, 1983. Permanent amendment effective April 10, 1987. Succedent permanent amendment effective August 11, 1987. Succedent permanent amendment effective February 4, 1988. Succedent permanent amendment effective May 12, 1988. Succedent permanent amendment effective September 8, 1988. Emergency amendment effective October 13, 1989. Emergency amendment effective October 23, 1989. Succedent permanent amendment effective January 9, 1990. Succedent permanent amendment effective February 9, 1990. Succedent permanent amendment effective March 9, 1990. Succedent emergency amendment effective January 23, 1991. Succedent permanent amendment effective May 9, 1991. Succedent emergency amendment effective May 8, 1991. Succedent permanent amendment effective August 12, 1991. Amended: Effective November 10, 1992. Amended: Filed November 4, 2008; effective December 9, 2008.

Author: Margaret Livingston

Statutory Authority:Code of Ala. 1975, §§ 26-1-4, 26-10A-1 through 26-10A-38, Title 38, Chapter 2.