Ala. Admin. Code r. 660-5-34-.10

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

Section 660-5-34-.10 - Decision About Providing Services

(1) At the conclusion of the CA/N assessment, a decision regarding a family's need for ongoing protective services shall be made. This decision may be to discontinue DHR services as no protective services are needed, to provide ongoing casework services, to initiate court action, or to make a referral to another agency for services. The decision is to be made with the parents or primary caregivers participation to the extent feasible. In any event, the parents or primary caregivers are entitled to an explanation of the action taken and the reasons for the action.

(2) The County Department must make reasonable efforts and offer all appropriate services to prevent removal of the child from the home unless that child is in immediate danger of harm or threatened harm.

(3) Early Intervention. Children under 36 months of age with an "indicated" disposition (following completion of due process requirements) for the abuse/neglect report received on or after June 25, 2004, must be referred to Alabama Early Intervention Services.

(4) Voluntary Placement of Children in Foster Care.

(a) The decision about placing children in foster care on a voluntary basis is a joint one between the worker and the supervisor. Voluntary placements are to be made only when there is not a safety threat and the Department would have no hesitancy in returning the children to their parents.

(b) After the County Department has placed a child in foster care on a voluntary basis, the child's or family's circumstances may change to the extent that a petition for legal custody of the child should be filed. A petition for temporary custody should be filed when there is:

1. A lack of interest on the part of the parent(s) in working on goals established in the individualized service plan (i.e., case plan);

2. The death of the parent who placed the child;

3. The mental breakdown of the parent who placed the child; or

4. The whereabouts of the parent placing the child is unknown.

(c) Protective services should be terminated when children are receiving care that meets at least their minimum needs and the parents have demonstrated their ability to continue to safely care for the children without the Department's services.

Ala. Admin. Code r. 660-5-34-.10

Effective August 11, 1988. Amended: Filed February 4, 2003; effective March 11, 2003. Repealed and New Rule: Filed September 4, 2003; effective October 9, 2003. Repealed and New Rule: Filed June 2, 2006; effective July 7, 2006. Repealed and New Rule: Filed May 4, 2007; effective June 8, 2007.

Was previously 660-5-34-.08, renumbered as per certification filed September 4, 2003; effective October 9, 2003. Previous Rule 660-5-34-.09 was renumbered to .10 as per certification filed May 4, 2007; effective June 8, 2007.

Author: Jerome Webb

Statutory Authority:42 U.S.C. §§ 5101 - 5107; 45 C.F.R. §1340.15 ; Code of Ala. 1975, Title 26, Chapter 14.