Ala. Admin. Code r. 660-5-28-.04

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

Section 660-5-28-.04 - Authority To Place

(1) When the decision is made that a child is in need of foster care, the County Department must have either an Agreement for Foster Care (PSD-FCS-731), an order issued by the court giving the County Department the authority to plan for the child pending a court hearing, or an order giving temporary custody of the child to the County Department. A child may be placed in foster care when in the protective custody of the Department. Protective custody cannot exceed 72 hours. Only under the above conditions can a County Department accept responsibility for a child and authorize payment. Exceptions to the requirement that the County Department have custody or an Agreement for Foster Care are made in the following situations:

(a) children who are in the custody of the Department of Youth Services or the Department of Mental Health and are being placed in a contract facility with the Department of Human Resources concurring in the plan and determining Title XX eligibility; or

(b) children for whom the Department of Human Resources determines Title XX eligibility for placement in certain mental health facilities under contract with the Department of Mental Health determining appropriateness of the plan.

(2) Voluntary Placement.

(a) Parents, temporarily unable to care for their child, may request the Department to place their child in foster care. The decision to accept a child into foster care on a voluntary basis should be made through the Individualized Service Plan (ISP) Process. If it is determined that foster care is the best plan for the child, the parent(s) holding legal custody can authorize the Department to place the child by signing an Agreement for Foster Care, PSD-BFC-731. Parents should not be pressured into entering into an Agreement for Foster Care to avoid court action. A copy of the agreement must be given the parents.

(b) The Department has no authority under a voluntary agreement to hold a child against the parent's wishes; consequently, the parent has the right at any time to request and to receive his child. Voluntary agreements are to be accepted only in situations in which the Department would have no hesitancy in returning the child to his parents.

(c) The Agreement for Foster Care must be for a time period not to exceed 180 days. If placement is to continue, a judicial review must be held before the expiration of the agreement. If the child cannot go home within 90 days of the expiration of the first agreement; then, it is necessary to petition the court for custody.

(d) All ASFA provisions related to case review and permanency hearings are applicable.

(e) At any time evaluation indicates little or no progress is being made toward the goals established, a petition for temporary custody should be promptly filed and alternative permanent planning pursued.

(3) Court-Authorized Placement.

(a) The Department should bring cases to the attention of the court through filing a complaint in situations where a child is in need of protective judicial action. When parents do not or cannot provide the child with care and protection essential for his well-being or when the child is in immediate danger, court action should be taken.

(b) The decision to petition the court must be made in the following circumstances:

1. The child has been abandoned or deserted and needs the protection of the court.

2. Conditions in the home are dangerous or detrimental to the child's physical, mental, or emotional well-being.

3. The child's custody status is not clear or is the subject of controversy to the extent that the child is obviously being harmed or is in threat of harm.

4. A child is left with baby sitters beyond the agreed upon time - especially overnight, for several days, over weekends, and this constitutes a pattern of behavior for the parent.

Author: Jerome Webb

Ala. Admin. Code r. 660-5-28-.04

Effective October 11, 1983. Emergency amendment effective January 30, 1984. Permanent amendment effective May 10, 1984. Succedent amendment effective March 12, 1985. Succedent permanent amendment effective June 10, 1986. Amended: Filed July 8, 2002; effective August 12, 2002.

Statutory Authority:Code of Ala. 1975, Titles 12, 26, and 38; Title XX of the Social Security Act, 42 U.S.C. 1397; and Title IV-B and Title IV-E of the Social Security Act, 42 U.S.C. 1302.