Ala. Admin. Code r. 660-5-24-.04

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

Section 660-5-24-.04 - Court Orders

Court orders must be followed until they are modified or lifted.

(1) Examples may include when courts:

(a) Adjudicate children as multiple needs prior to the development of plans by the local facilitation team or

(b) Order out-of-home placements or courses of treatment that have been formulated outside the local facilitation team.

(2) If the local facilitation team finds, upon receipt of a referral and assessment of the child's needs, that a child should not be classified as a multiple needs child or that the child's needs can appropriately be met in a manner or placement less restrictive than is ordered, the local facilitation team shall seek to have the court order lifted or modified. Similarly, if DHR concludes that a court order violates the R. C. Consent Decree or related policies, DHR must seek to have the order lifted or modified.

(3) If the court refuses to modify or lift an order regarding an R. C. class member as requested, the county DHR will inform the Family Services Division Director. If the Division concurs that the court order is inconsistent with R. C. goals and principles, the Commissioner or his designee will take appropriate action.

Author: Jerome Webb

Ala. Admin. Code r. 660-5-24-.04

New Rule: Filed April 4, 2001; effective May 9, 2001.

Statutory Authority:Code of Ala. 1975, §§ 12-15-1(19); 12-15-65(b); 12-15-71(h)(1); 12-15-172 and R. C. v. Fuller, No. 88-H-1170-N, Consent Decree (M.D. Ala. Approved December 18 1991).