Ala. Admin. Code r. 660-5-24-.07

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

Section 660-5-24-.07 - Imminent Risk Of A More Restrictive Placement

(1) The child's own home shall be considered the least restrictive placement. Following are other placements listed in ascending order in terms of restrictiveness: independent living; a foster home; a therapeutic foster home; a group foster home; a group home; a child care institution; an institution.

(2) Local facilitation teams may receive referrals of children who are already in an out-of-home placement that is at risk of disrupting. In those situations, imminent risk of disruption refers to a set of conditions in a child's current out-of-home placement environment which is likely to result in a decision to place the child in a more restrictive out-of-home placement within 90 days. Imminent risk of disruption may be caused by extremes of abuse, neglect, emotional disturbance, mental retardation, delinquent behavior, assaultive/aggressive behavior, substance abuse, physical illness, or other conditions.

(3) Placement in a more restrictive facility may involve a living arrangement in a location with different caregivers from the current placement. It may also include the risk of children remaining in a more restrictive out-of-home placement than their individual needs require if the lack of services prevents discharge from the current placement to an appropriate less restrictive placement.

(4) In assessing the imminent risk of placement in a more restrictive facility, the local facilitation team shall assess the availability of existing services and develop services they need to sustain a child in a less restrictive environment. If the referral is received with a request or recommendation for a specific placement, the local facilitation team shall assess the appropriateness of the suggested placement. The team shall recommend, in their treatment plan for the child, the least restrictive alternative to out-of-home placement or the least restrictive out-of-home placement, depending upon the individual needs of the child and the ability of the child's caregiver to control the risk of harm to the child.

Author: Jerome Webb

Ala. Admin. Code r. 660-5-24-.07

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).