Statutes, codes, and regulations
Alabama Administrative Code
Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES
Chapter 660-5-30 - TERMINATION OF PARENTAL RIGHTS
Section 660-5-30-.02 - Legal Base

Ala. Admin. Code r. 660-5-30-.02

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Current through Register Vol. 43, No. 1, October 31, 2024
Section 660-5-30-.02 - Legal Base

Both federal and state laws, as well as best child welfare practice, require that permanent homes be expeditiously found for children who are unable to safely remain with their biological family. Child welfare staff must be familiar with these laws as they identify specific circumstances and clear timeframes under which TPR must be considered and subsequently pursued.

(1) Legal Bases.
(a)Code of Ala. 1975, §§ 12-15-319, provides the grounds for termination of parental rights.
(b) § 12-15-102 through § 12-15-701, Code of Ala. 1975 governs all juvenile court proceedings and provides that the custody of a child may be transferred to the Department of Human Resources by court order.
(c) § 38-2-6(10) and (14), Code of Ala. 1975, provides that the Department of Human Resources shall seek out and protect minor children who are in need of its care and protection, and place such children in family homes or other suitable child care facilities.
(d) The Adoption and Safe Families Act of 1997 (ASFA), Public Law 105-89, prompted amendments to the Code of Ala. 1975, including those addressing reasonable efforts (§ 12-15-312) and permanency hearings (§ 12-15-315).
(e) The guiding principles of the Practice Model impacting termination of parental rights include promoting safety and protection while achieving timely permanency for a child; promoting children having experiences that enhance their sense of love and belongings.

Ala. Admin. Code r. 660-5-30-.02

New Rule: Filed August 12, 2004; effective September 16, 2004.
Amended by Alabama Administrative Monthly Volume XXXVIII, Issue No. 12, September 30, 2020, eff. 11/14/2020.

Author: Shawanda Harris

Statutory Authority:Code of Ala. 1975, §§ 12-15-317 through 12-15-319, 38-2-6(10), (14), 12-15-315, 12-15-312; and the Adoption and Safe Families Act of 1997 (ASFA), Public Law 105-89. R.C. v Hornsby, No 88-H-1170-N, Consent Decree (M.D. Ala. Approved December 18, 1991), (Terminated January 16, 2007).