Ala. Admin. Code r. 660-5-28-.07

Current through Register Vol. 43, No. 02, November 27, 2024

Section 660-5-28-.07 - Procedures Applicable To Any Type Of Foster Care

(1) Statement of Responsibilities.

(a) Of the Department and of the licensed child-placing agency:

1. To recruit, examine and approve foster family homes.

2. To place dependent children in foster family home care.

3. To provide adequate information concerning each child to facilitate the daily care to be given.

4. To supervise the care of children in foster family home care.

5. To work with the foster family in making suitable plans for the children now and in the future.

6. To provide the foster family specific information regarding how to contact a Department or agency representative at all times.

7. To maintain confidentiality of foster family home records by keeping case records in files that are locked when unattended, and by restricting any disclosure of the whereabouts of the children to only the parent having legal custody or the agency having custody . . . or persons or agencies providing authorized services.

8. To visit the foster family home whenever indicated to examine and/or to investigate, and to offer consultative services.

9. To promote and further develop sound foster family home programs.

(b) Of the foster family home:

1. To maintain the prescribed standards/regulations.

2. To carry out the recommended daily care of the child or children in the foster family home in cooperation with the Department or the licensed child-placing agency.

3. To adhere to all aspects of the foster family home agreement.

4. To maintain the confidentiality of information about the children and their families.

5. To immediately report to the County Department or the licensed child-placing agency any knowledge of harm or threatened harm to a child's health or welfare through non-accidental means. Reports may be made by telephone or by direct oral communication.

6. To give notice at least two weeks in advance of plans to voluntarily surrender the approval.

(2) Effective April 1, 1990, certain health and education information must be reviewed, updated and given to the foster care provider(s) at the time of each placement for the child. To the extent available and accessible, the information must include:

(a) The names and addresses of the child's health and education providers;

(b) The child's grade level performance;

(c) The child's school record;

(d) Assurances that the child's placement in foster care takes into account proximity to the school in which the child is enrolled at the time of the placement;

(e) A record of the child's immunizations;

(f) The child's known medical problems;

(g) The child's medications; and

(h) Any other relevant health and education information concerning the child determined to be appropriate by the agency.

(3) Medical Examination of Child Prior to Placement in Foster Care.

(a) A physical examination by a licensed pediatrician, licensed practicing physician or Medical Screening (MediKids) before a child is placed in foster care is required. When such examination cannot be made prior to the child's placement, it must be made within 10 days after placement.

(b) Payment for initial examinations made by licensed physicians can be paid for eligible children from state funds, if not available without cost to the Department.

(c) The payment to be made by the Department may be authorized up to but not exceeding the Medicaid rate.

(d) A dental examination is to be scheduled within a few weeks after the child's placement. All Medicaid eligible children are to have this dental examination under MediKids when possible.

(e) Psychological testing or psychiatric examinations are to be arranged when indicated.

(4) Medical Services During Placement.

(a) A Child Under Two Years Old.

1. The child should have monthly medical examinations up to one year of age, or as often as recommended by the pediatrician or licensed practicing physician when a pediatrician is not available.

2. If a child is eligible for Medicaid, this resource must be used.

(b) A Child Age Two or Older.

1. An annual physical examination (more frequently when recommended by a physician) is required for children two years or older.

2. Annual dental examinations are recommended. These should begin no later than three years of age.

(5) Authorization for Surgery of Other Medical Treatment.

(a) When a child in foster care is in the custody of his parents and in need of surgery or other medical treatment, the parents must give the necessary consent. If the parents cannot be located in time, the County Department will contact the court and request an order authorizing consent by the County Department.

(b) When the County Department has been awarded temporary custody of a child by a court order which does not specify who is authorized to consent for surgery or other medical treatment, the County Department must do one of the following:

(a) obtain a court order authorizing consent by the Department, or

(b) have the parents give the consent.

(c) The Department will not consent to an abortion sought by any child in its custody. Department personnel cannot assist children in obtaining abortion services without a court order.

(6) Clothing.

(a) If parents are unable to provide an adequate initial supply of clothing or if the Department is unable to provide this through some other resource, the foster parents will be authorized to purchase an initial specified amount of clothing to be paid for from local public or private funds when such is available.

(b) A clothing allowance in the amount of $20 per month is included in the monthly board payment. The foster care facility (Foster Family Board Home, Group Home, Child Card Institution) is expected to provide clothes for the child from the board payment as long as the child remains in foster care.

(7) General Principles Regarding Communication of Children in Foster Care.

(a) Children in the custody/responsibility of the Department and placed in foster care (foster family homes, shelters, group homes, child care institutions or other residential facilities, and relative caretakers) are to be permitted to communicate by telephone or mail with parents, relatives, friends, Department staff, other service providers, legal counsel, advocates, and courts unless restrictions as discussed below are applicable.

(b) All court orders regarding communication are to be followed.

(c) Neither the Department nor the foster care provider is to force a child to communicate against his will.

(d) With the exception of telephone communication to and from friends, forbidding or restricting communication by or to a child as punishment or using communication as a reward for good behavior is not allowed.

(e) Children retain the right to communicate and visit with their parents or relatives even when the rights of the child's parents have been terminated unless restrictions as discussed below are applicable.

(f) The following rules are applicable to foster home and shelter care providers:

1. The Department is to inform foster home and shelter care providers of a child's right to communication.

2. The provider may establish reasonable rules by which a child must abide.

3. Any restrictions on communication must be discussed with the child, if age appropriate, his parents, and the provider.

4. The child's individualized service plan/case plan is to specify any persons with whom the child may not communicate and any other communication restrictions which may apply. Written notice is to be given to the provider, parents and the child of the names of the persons which whom the child may not communicate and any other restrictions or revisions to the restrictions.

5. A foster home or shelter care provider may forbid a child from providing parents, relatives, or friends with the foster home's or shelter's address or telephone number for a period of up to 4 working days under the following situations:

(i) The social worker has not given the foster home or shelter information regarding the necessity of restrictions;

(ii) The foster parent or shelter otherwise lacks adequate information regarding whether any such restrictions need to be imposed; and

(iii) An alternate means of communication is provided during this time.

(g) The following rules are applicable to child care institutions, group homes and child placing agencies:

1. Child care institutions, group homes, and child placing agencies with foster homes which serve children in the custody/responsibility of the Department are to develop written policies regarding telephone and mail contacts.

2. These facilities may adopt the policies of the Department or promulgate their own as long as they are consistent with Departmental policies and provide children in care no lesser communication rights than children in foster homes approved by the Department.

3. The communication policies are to be approved by the Department, explained to all DHR children placed in the facility, and a copy of the policies provided to the parents of the children.

(h) The DHR worker is to provide to the child the names, addresses and telephone numbers of the lawyer, guardian-ad-litem and/or advocate who is representing the child in juvenile court.

(8) Telephone Contacts.

(a) A child must be afforded reasonable privacy to make and receive telephone calls.

(b) All court orders regarding telephone communication are to be followed.

(c) Foster care providers may require children and those with whom the child communicates by telephone to abide by the following reasonable rules:

1. The timing, duration and frequency of calls will be determined by the circumstances of the child, parents, and provider.

2. The provider may require callers to identify themselves.

3. The provider may require the child to give the provider notice before initiating a long distance call.

4. The provider may require the child, before initiating a call, to tell the provider the name of the person the child is calling.

5. The provider, upon request of the child, may assist the child with making telephone calls.

(d) Providers may restrict telephone communication with friends for punishment only if the imposed restriction is for a reasonable period of time and if it is consistent with the telephone restrictions a provider applies to other children in the home, including the provider's own children.

(e) If a teenager has a source of income, the provider may require him/her to reimburse the provider for long distance calls to friends. Such reimbursement practices must be consistent with those which the provider applies to other children in the home, including the provider's own children.

(f) The following rules apply to telephone contacts with legal counsel, advocates and the court:

1. The provider's right to establish reasonable rules for telephone contacts with parents/relatives also apply to these type calls.

2. Upon request, a child's attorney(s) and advocate(s) are to be provided the telephone number and address of where the child is placed.

3. Unless there is a situation that the child reasonably believes is an emergency, the worker and provider may restrict the child to making one call per day to an attorney, advocate or court. The child may leave a message for him/her to return the call.

4. There is no limit on the number of calls the child can receive from legal counsel, advocate or court.

(9) Telephone Restrictions.

(a) Providers may restrict telephone calls to and from a child in circumstances in which information, documented in the child's record, make it reasonable to believe that the child's physical or emotional health may be endangered by making or receiving calls; i.e., that the telephone contact would undermine or defeat the child's case plan or the child's safety would be placed at risk.

(b) Restrictions are to be no greater than necessary to prevent the endangerment.

(c) There are 3 kinds of restrictions which a provider may impose:

1. Monitoring.

(i) If a provider monitors; i.e., listens in on a call, the parties to the conversation are to be informed at the beginning of the call and told the reason for the monitoring.

(ii) Situations where monitoring might be needed are:

(I) When ordered by the court.

(II) When there is reason to believe that the caller is threatening, verbally abusing the child, or using sexually provocative language, or encouraging the child to engage in acts which would endanger the child such as illegal behavior or running away.

(III) When there is reason to believe that the caller is attempting to persuade the child to recant statements regarding alleged abuse or neglect.

2. Limits on Calls To/From Certain Persons.

(i) Factors/situations which may warrant not allowing a child to make calls to or receive calls from certain persons are as follows:

(I) The provider, in monitoring the telephone conversations, has heard the person threaten the child or use sexually provocative language.

(II) The child has related to the provider, worker, or another person a telephone conversation indicating that the person threatened the child or used sexually provocative language.

(III) When there is reason to believe that the caller is attempting to persuade the child to recant statements regarding alleged abuse or neglect.

(ii) The person, other than a friend of the child, to whom the restriction is to apply is to be given written notice of the restriction.

(iii) A provider may temporarily restrict telephone calls to a child from a parent, relative or friend when that person has repeatedly demonstrated that he will not abide by reasonable rules regarding the time, duration and frequency of calls.

(iv) The worker and provider are to frequently reassess any restriction imposed and modify or eliminate the restriction when it is no longer needed to protect the child or to promote reasonable compliance with established rules.

3. Prohibiting Disclosure of Provider's Telephone Number.

(i) The Department may prohibit disclosure of the provider's telephone number to certain persons when there is reason to believe that the child or provider would be endangered by those persons having knowledge of the provider's telephone number.

(ii) An alternate means is to be provided for the person to communicate with the child by telephone on a regular basis.

(10) When the child is placed in foster care in a location which will require long distance calling, the Department is responsible for paying for these long distance calls initiated by children to persons covered by this policy as provided below.

(a) The Department will pay for long distance calls for up to a limit of 30 minutes per day to parents or significant family members or 15 minutes to persons other than parents or significant family members. The Department's obligation is limited to 30 minutes daily for all long distance calls combined.

(b) In exceptional circumstances, such as when a child's parent is in a foreign country, departure from the 30 minutes per day limit may be permitted.

(c) Children have the right to make or receive long distance calls paid by someone other than the Department as long as the calls are to and from persons covered by this policy and as long as they are in accordance with reasonable rules pertaining to the time, frequency and duration of calls.

(11) Written Communication.

(a) A child in foster care is free to send and receive sealed mail unless restricted in accordance with policy outlined below.

(b) All court orders regarding mail communication are to be followed.

(c) Mail from a child to identifiable attorneys, guardians-ad-litem, CASA's, other legal advocates, judges or courts and mail sent to a child from such persons is to be delivered unopened.

(d) The Department is responsible for paying for the cost of mail which is sent by children in foster care to persons covered by this policy.

(e) A teenager with a source of income may be required to pay for postage for mail to friends provided the requirement is consistent with the practice which the provider applies to other children in the home, including the provider's own children.

(f) The child's individualized service plan/case plan is to specify any parent, relative or friend with whom the child may not communicate by mail and any other restrictions on mail communication.

(g) Providers serving a child are to be given written notice of any person with whom the child may not communicate and any other mail restrictions or changes in mail communication.

(h) Providers may read mail when a child requests a specific piece of mail be read or when a child is capable of requesting assistance because of a physical or mental disability.

(i) The provider may, upon a child's request, assist the child in preparing mail to send to a parent, relative, or friend, attorney, advocate, or court.

(12) Interception of Mail.

(a) Providers may intercept and read specific pieces of mail in circumstances in which information, documented in the child's individualized service plan/case plan makes it reasonable to believe that the child's physical or emotional health may be endangered, i.e., that the goals of the child's individualized service plan/case plan would be defeated or undermined or the child's safety would be placed at risk by the language or other content of the mail.

(b) The following are situations where mail may endanger a child and, therefore, may be intercepted and read:

1. Mail which the court orders to be intercepted.

2. When there is reason to believe that the mail contains language which is attempting to persuade a child to recant statements regarding alleged abuse or neglect.

3. Mail from a person specifically restricted from communicating with the child.

4. When there is reason to believe the mail may contain language which is threatening, sexually provocative, or encouraging the child to engage in acts which would endanger the child such as illegal behavior or running away.

(13) Censorship or Withholding Mail.

(a) All court orders regarding censorship are to be followed.

(b) A provider may, after opening and reading mail in accordance with policy as stated above, censor all or any portion of the mail that would endanger the child's physical and emotional health.

(c) The provider may open, in the presence of the child, any mail that is reasonably suspected of containing contraband, remove the contraband if found, and give the remainder of the mail to the child unless it is to be read, censored, or withheld as discussed above.

(d) The provider is to notify the worker immediately of any mail that has been censored and send the worker any mail that has been withheld.

(e) If the worker concurs with the censorship or withholding of mail, the child's record is to be documented and the withheld mail maintained in the child's record; if the censorship or withholding was inappropriate, the provider is to be directed to give the mail or appropriate parts to the child immediately.

(f) The sender of mail which is withheld or read is to be notified of the action.

(g) The worker and provider is to frequently reassess any restriction imposed on mail communication and modify or eliminate the restriction when it is no longer needed to protect the child from endangerment.

(14) Withholding Provider's Address.

(a) When circumstances, documented in the individualized service plan/case plan, indicate that there is reason to believe that the child or provider will be endangered by the provider's address being given, the worker may decide that specific parents, relatives or friends not be given the provider's address.

(b) The person will be permitted to send mail for the child to the County Office where upon the worker will censor according to guidelines above, if needed, and promptly forward or deliver the mail to the child.

(15) Visiting

(a) Visiting with parents, family members and friends is to be promoted for every child in out-of-home care unless visiting:

1. Places the child's safety at risk;

2. Substantially inhibits attainment of the goals for the protection of the child or the permanency goal of the case plan; or

3. Subjects the child to intimidation regarding investigative statements or court testimony.

(b) Visits with parents and other family members may not be used as rewards or punishment.

(c) Visits are to take place in the most normalized, family-like setting that meets the child's need for safety.

1. Visits should be scheduled away from the offices of the County Department unless visits would place the child's safety at risk or the child and visitor request or agree that visits occur at the county offices.

2. Visits may occur in the foster home, parent's or relative's home or site of a special event.

(d) The Department of Human Resources social worker does not need to arrange or be present at visits unless:

1. Requested by the child or visitor;

2. The case plan requires it; or

3. If needed to protect the child.

(e) The Department of Human Resources social worker in collaboration with the age-appropriate child, parents, and provider may impose restrictions on visiting.

1. Court orders regarding restrictions on visiting are to be followed. The Department should seek to have court orders lifted or modified if they are inconsistent with the case plans for the child.

2. Restrictions may be imposed when visiting:

(i) Places the child's safety at risk;

(ii) Substantially inhibits attainment of the goals for the protection of the child or the permanency goal of the case plan; or

(iii) Subjects the child to intimidation regarding investigative statements or court testimony.

3. Visits may also be temporarily restricted when necessary to stop repeated violations of the reasonable rules of the provider.

4. Restrictions on visiting include:

(i) Prohibiting or terminating visits;

(ii) Requiring that visits be supervised;

(iii) Limiting visits.

5. Supervision of Visits.

(i) When supervision of visits is required, it must be provided in the most normalized, least restrictive manner and setting that provide protection for the child.

(ii) Supervision of visits may be provided by Department staff, foster parents, staff of a residential facility or other designated person.

6. If visits with parents are prohibited, the child must be provided alternate opportunities for contact unless restricted in accordance with telephone and mail policy [Refer to this rule, subparagraphs (6) through (13)].

7. Restrictions on visiting are to be lifted when they are no longer needed to protect the child.

(16) Financial Procedures.

(a) Board payments are to be made to foster care facilities for children for whom the County Department has custody or responsibility for planning based on the level of care needed by the child. Payment may consist of a board payment only or a combination of board payment and a difficulty of care supplement.

(b) Level One difficulty of care payments are made to foster parents for children who meet the criteria for specialized foster home care. The criteria are: the child must be eligible for Title XX Foster Care Services, as either an AFDC recipient, SSI recipient, or Income Eligible; be in the custody of the Department, or under supervision of the Department; and in addition must meet one or more of the following:

1. Be a child with a physical handicap;

2. Be a child who is emotionally disturbed;

3. Be a child who is mentally retarded;

4. Be a child with pronounced behavior problems; and/or

5. Be a child who is unfamiliar with American culture or language.

(c) The payment for foster care is dependent on the age of the foster child.

(d) In addition, the County Department may authorize a Level Two difficulty-of-care payment for nursing care services which are being provided continuously to a child with an extreme illness or severe disabilities, excluding children in residential treatment facilities and SSI children who receive a personal care supplement.

(e) Level Three difficulty-of-care payments may be made for children who qualify for medically fragile ortherapeutic foster care.

(1) Medically fragile children have a condition diagnosed or recognized by a physician that can be volatile and change suddenly resulting in a life-threatening situation. Medically fragile children have special health care needs that either require some form of expertise to maintain a stable medical status; or, are so unstable that frequent medical intervention and/or hospitalizations are needed. Foster care providers for medically fragile children provide a specialized service based on the child's individualized needs that are beyond "ordinary parental duties."

(2) Therapeutic foster care is provided in a foster home that is equipped and trained to provide care for the emotionally and/or behaviorally disturbed children. It is the least restrictive community based care provided for emotionally/behaviorally disturbed children. Children receiving therapeutic foster care must have a DSM-IV psychiatric, emotional or behavioral diagnosis and an identifiable special need related to that diagnosis that requires care beyond "ordinary parental duties."

(f) If the child is 18 and is not involved in pursuing an educational or training goal, payment should be terminated. If there are extenuating circumstances the worker and supervisor may make the decision to continue board payments for a time-limited period based on documentation in the record of need.

(g) ACFC payment must be terminated when a child in foster care becomes 19 years old with the following exceptions:

1. Payment may continue for any 19-year old in foster care who becomes 19 during the school year and who will graduate from high school at the end of that school year.

2. Payment may continue for any 19-year old in foster care who because of special circumstances, is in need of continued care in order to develop independent living skills. Payment must be terminated when the child reaches age 21. Approval for such payment is to be given only after review by the Family and Children's Services Division.

(h) If a foster child enters a college, university, or vocational training school and lives away from the foster home during the week (such as in a dormitory), the ACFC board payment can only be made for the actual number of days in the home. The total monthly amount budgeted for clothing and medicine chest supplies is then added to the prorated amount for room and board.

(i) FCMP - Eligibility.

1. A child may be eligible for FCMP, i.e., payment from IV-E funds, if he is removed from his own home by court order because of conditions that are contrary to his well-being and placed in foster care. Foster care includes the home of a relative other than the parents, if the relative's home is approved as meeting Minimum Standards. In addition, a child must meet all factors of eligibility for AFDC as specified in Title IV-A and IV-E State Plans.

2. A child may also be eligible for FCMP if removed from his home by voluntary placement agreement (PSD-BFC-731, Agreement for Foster Care) in accordance with the requirements of P.L. 96-272.

(j) EAFC - Eligibility.

1. If a child is not eligible for a IV-E (FCMP) foster care payment, he may be eligible for an EAFC - Emergency Assistance Foster Care (Title IV-A) payment.

2. To be eligible for EAFC, the child must be under the age of 21 and must have resided with a parent or other specified relative (as defined in the AFDC program) at least for one day or night within the last six months.

3. The family's income (including the child's) must be less than two times the median income per year for a family.

4. A child may be eligible for EAFC for up to 12 continuous months. If the child and family were already authorized for in-home services under the Emergency Assistance Program (Refer to Chapter 660-5-33) at the time for EAFC the child entered foster care, the child would be eligible for foster care only for the period of time remaining in the 12 months eligibility period for Emergency Assistance.

(k) ACFC - Eligibility.

1. A child may be eligible for ACFC if it is determined that he needs placement outside of his own home and is not eligible for FCMP. The child may be in the custody of the Department or the Department may have responsibility for planning either by direction of the court or by an agreement with parents or individuals holding custody.

2. The child may be eligible for ACFC payment in a relative's home (a relative within the specified degree of relationship for ADC) if the child has been removed from his home by court order and meets all conditions of eligibility for FCMP except for deprivation.

3. If a child is in the home of a relative who does not come within the specified degree of relationship as required by ADC, that person (for the purpose of ACFC payment) would be considered unrelated.

(l) Children in Foster Care Who Have Other Income.

1. All contributions, benefits (RSDI, VA, income from parents, etc.) and other funds must be applied to the foster care payment.

2. The only funds which do not have to be applied to the board payment and which can be held for special needs are gifts, non-recurring payments or lump sum payments not representing retroactive monthly payments and which do not exceed $1,000 within any twelve months' period. Any excess over $1,000 within any twelve months' period must be applied against the ACFC payment.

3. Money from lump sum payments, representing retroactive monthly payments (such as RSDI or VA) is to be used to reimburse the Department for previous board payments made for the period of entitlement covered by the lump sum payment. Funds available after reimbursement of board payments are to be used to reimburse local funds for expenditures made on behalf of child.

4. Funds not in excess of $1,000 which are on hand after reimbursement of both the Department and local funds are to be retained in a private earmarked account designated for the child. Funds in excess of $1,000 must be applied against the ACFC payment.

5. The County Department is to apply to be made payee for all children in foster care receiving benefits (RSDI, VA, etc.) who are in the custody of the County Department, except in those instances when guardianship has been established or is required.

6. The State Department of Human Resources will be designated payee for children committed to the Department.

7. Foster family board parents are not to be payee for any children cared for in their home.

8. When the County Department is the designated payee for benefits to a foster child, or when contributions are received from parents or guardians for a foster child, the benefits are to be deposited in the local funds account earmarked for the particular child. Payments are identified and disbursed accordingly.

(m) Children in foster care may have a guardian or conservator appointed if the child has property or income such as an inheritance or an insurance settlement.

Author: Jerome Webb

Ala. Admin. Code r. 660-5-28-.07

Effective October 11, 1983. Permanent amendment effective September 9, 1986. Succedent permanent amendment effective January 9, 1987. Succedent permanent amendment effective June 17, 1987. Succedent permanent amendment effective September 9, 1988. Succedent permanent amendment effective November 9, 1988. Succedent emergency amendment effective September 16, 1988. Succedent permanent amendment effective December 9, 1988. Succedent emergency amendment effective May 3, 1990. Succedent permanent amendment effective August 10, 1990. Succedent emergency amendment effective October 1, 1991. Succedent permanent amendment effective January 9, 1992. Succedent emergency amendment effective September 30, 1993. Succedent emergency amendment effective October 1, 1993. Amended: Filed December 6, 1993; effective January 10, 1994. Amended: Filed October 5, 1994; effective November 9, 1994. Amended: Filed November 4, 1994; effective December 9, 1994. Amended: Filed May 8, 1995; effective June 12, 1995. Amended: Filed July 8, 2002; effective August 12, 2002. Amended: Filed July 18, 2003; effective August 22, 2003.

Statutory Authority: Omnibus Budget Reconciliation Act of 1981, P.L. 97-35, 42 U.S.C. 1397; Title IV-A of the Social Security Act, Section 504 [ 42 U.S.C. 606] (e)(1); 45 CFR 233.120 ; Title IV-B and Title IV-E of the Social Security Act, 42 U.S.C. 1302; Adoption Assistance and Child Welfare Act of 1980, P.L. 96-272 ; Code of Ala. 1975, Title 38, Chapter 2.