Ala. Admin. Code r. 660-5-24-.08

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

Section 660-5-24-.08 - Responsibilities Of Local/State Teams And Member Agencies Including DHR

(1) According to state law and Multi-Needs Team procedures, responsibilities of the local/state teams include the following:

(a) Member agencies are required to develop a plan for serving multiple needs children which includes at a minimum:

1. arranging for representation on state and local facilitation teams

2. developing service plans for children referred

3. providing services within the scope of the member agencies' responsibilities and

4. sharing costs for services provided to referred children and families, in accordance with this policy.

(b) When an R. C. class member is referred by a member agency or court to a local or state team, DHR shall:

1. assist the class member, if an age appropriate child, and his/her family to participate in the team meeting by providing advocacy and other support services to the child and family, and

2. assure that the team planning process complies with the strengths/needs individualized services planning model required in the R. C. Consent Decree and DHR's Individualized Service Plan and DHR Partnership with Children, Their Families and Providers policies.

(c) A local facilitation team should meet within seven (7) days of receiving a referral. If the team cannot convene within seven (7) days of receiving a referral from the court, the team may ask the court for an extension of the seven-day period.

(d) A local facilitation team should develop a preliminary service plan for children referred and their families within 21 days of receiving the referral. The plan should include information identifying the individualized strengths and needs of the child and his or her family, the services needed by the child and family and the respective responsibilities of the member agencies and others for providing services to the child and family. For referrals made by the court, the team shall submit the preliminary plan to the court within the 21 day period, unless a continuance is granted. For referrals made by a member agency, the preliminary plan should be submitted to the referring agency within the 21 day period.

(e) A local facilitation team is responsible for developing a final service plan for children referred when the preliminary plan is not complete (such as when the team determines a more comprehensive plan is needed). For children referred to the team by the court, the final plan must be submitted to the court. For referrals made by a member agency, the final plan must be submitted to the referring agency.

(f) Local and state facilitation teams shall determine the least restrictive plans to address the individualized needs of children referred to the team. Home and community-based services that can manage the risk of harm to a child must be considered prior to considering more restrictive plans and placements.

(g) A local facilitation team may determine a plan for sharing the costs of the service plan developed by the team among the member agencies. Member agencies are not bound to contribute financially to the service plan if they are not providing services as part of the plan. However, member agencies may be bound financially by a service plan that requires the services of the agency, even if the agency did not participate in team meetings where the plan was developed.

(h) Member agencies are not required to share costs for services to children and families whose needs would not otherwise necessitate involvement of the member agency, except for the referral to the local facilitation team, e.g., children with mental retardation whose behavior requires services unrelated to abuse or neglect.

(i) Member agencies should provide appropriate services to meet the individualized needs of multiple needs children. DHR shall provide services pursuant to an ISP.

(2) The lack of a needed service locally which is normally provided by a member agency as part of its service array and budget does not relieve DHR of its obligation to serve R. C. class members as required by the R. C. Consent Decree.

(3) Member agencies are encouraged to use existing funding and services flexibly and creatively in meeting the individualized needs of children referred and their families, even if it means delivering services not normally provided by the agency or in a manner not normally used by the agency. No provisions in policy or statute shall prevent a member agency from voluntarily contributing to the development of appropriate services in order to meet the needs of children referred and their families.

Author: Jerome Webb

Ala. Admin. Code r. 660-5-24-.08

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).