Ala. Admin. Code r. 660-5-3-.07

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

Section 660-5-3-.07 - Reduction Or Termination Of Services

(1)Reduction of Services. The level of services to be reduced when:

(a) Funding reductions make it necessary to reduce the amount of service provided; or

(b) When necessary to coincide with the individual's or family's current need for service as reflected by the case plan; i.e., when part-time day care rather than full-time care becomes needed or a decrease in the amount of homemaker service needed; or

(c) When an adult day care client meets the definition of chronic absenteeism for a second time in one year.

(2)Termination of Services. Services are to be terminated when:

(a) Applicable to all social services

1. There is agreement between the individual or family and the agency that the goal has been attained, or that for some other reason there is not longer need for any services.

2. It is documented in the case record that the agency has attempted to meet the need but has determined that the individual or family will not benefit from services or that the goal has been reached and/or there is no longer need for service.

3. The client who is capable of making the decision, or his responsible relative or representative acting for him, no longer wants services.

4. The individual or family is no longer eligible for services.

5. The client's situation no longer meets the criteria for service as specified in the Social Services plan.

6. The only service(s) being provided an individual or family is being removed from the agency's Title XX plan or is no longer available in the geographic area.

7. Funding reductions make it necessary to terminate services.

8. Client refuses to provide information necessary to redetermine eligibility.

(b) Applicable to Child Day Care

1. The client fails to pay required child-care fees and no payment agreement has been established.

2. In addition for a client receiving transitional day care services:

(i) Client terminates employment without good cause;

(ii) Client fails to cooperate with child support activities; or

(iii) The child(ren) for whom day care is being provided leaves the home or is no longer dependent by definition.

(c) Applicable to Adult Day Care

1. The client in day care for adults becomes disruptive to the program.

2. The client deteriorates to the point that the client is not longer able to attend a day care program.

3. The client deteriorates to the point that it is in the best interest of the client to move from his own home or community to a more restrictive setting.

4. Living arrangements change for a client receiving day care for adults; e.g., a relative who can care for the client has moved into the home, or a member of the household who had been employed decides to stay at home and take care of the client or client moves to an area where a day care is not available.

5. The client has improved sufficiently that other community resources will meet the needs.

6. The client meets the definition of chronic absenteeism for the third time in one year. Chronic absenteeism is defined as seven absences in one month or seven consecutive days in a two-month period.

(d) Applicable to Homemaker Service for Adults

1. The client becomes able to perform the essential task(s) the homemaker has been performing.

2. There is a responsible person who is able, willing and available to perform the tasks the client needs to have done.

3. The client's living arrangements change so that homemaker service is no longer needed or appropriate.

4. The homemaker's well-being is in jeopardy because of physical danger, contagious disease or abusive treatment.

5. The client needs care that cannot be provided in the home, and continuing homemaker service contributes immediate danger for the client.

(e) Applicable to Foster Care for Adults

1. Client has no money available to pay for room and board.

2. Client is in need of institutional care.

3. Client recovers from infirmity and can live alone.

4. Client's mental and emotional condition prevents the client from being cared for in the family setting.

(3)Advance Notice. Written advance notice to the client is required when there is a reduction in the level of service or any service is being terminated. The effective date of the reduction or termination of services will be not less than ten (10) days after the date of notice except for situations listed in Item (4) below. If the client exercises his right to appeal prior to the effective date of the action, services may be continued until a final disposition is made on the appeal.

(4)Exceptions to Advance Notice. Exceptional situations in which the ten-day advance notice of reduction or termination is not required are as follows:

(a) A written statement is provided by the recipient or authorized representative which specifies that services are no longer needed or desired.

(b) The recipient has moved to another county and services are being provided in that county.

(c) The recipient has moved to another state.

(d) The recipient has moved and left no forwarding address and his whereabouts are unknown as verified by return of agency mail.

(e) The recipient dies. Death must be verified by death certificate, newspaper notice, contact with family, physician, coroner, or funeral director.

(f) The child was removed from day care by the parent or responsible relative and Department is notified either by the parent, responsible relative or provider that the child is not returning.

(g) The child of a JOBS or transitional client was receiving self-arranged day care and the client is no longer working or not participating in a JOBS activity.

(h) The adult has left day care or has been removed by his responsible relative and the Department is notified in writing either by the adult, responsible relative or provider that the adult is not returning.

(i) The service was authorized at a specific level or for a limited time period and at the time of authorization, the client was given written notice that the service would be reduced or end at a specified time.

Author:

Ala. Admin. Code r. 660-5-3-.07

Effective December 10, 1984. Emergency amendment effective October 1, 1990. Succedent permanent amendment effective January 9, 1991.

Statutory Authority:42 U.S.C. §§ 620 through 628, §§ 670 through 676, §§ 1381 through 1383c, §§ 1397 through 1397f; 45 C.F.R. Part 96 ; P.L. 100-485, Titles II and III; 42 U.S.C. §§ 602, 681 - 687; 45 C.F.R. Parts 250 and 255; 54 Fed. Reg. 42145-42267; Title XX Social Services State Plan; Code of Ala. 1975, § 38-2-6, §§ 38-7-1 through -17, §§ 38-9-1 through -11; JOBS State Plan and State Supportive Services Plan.