Ala. Admin. Code r. 660-5-34-.13
Current through Register Vol. 43, No. 1, October 31, 2024
Section 660-5-34-.13 - CPS Prevention Policy And Procedures(1) Introduction. (a) The Department of Human Resources is mandated to seek out and aid minor children in the state who are in need of its care and protection, and protective services shall be made available in an effort to prevent further abuse and neglect, and to safeguard and enforce the general welfare of such children.(b) Child protective services staff are responsible for intervening when individuals contact DHR to report what they consider abuse/neglect, but the information provided does not rise to the level of child abuse/neglect according to statutory and Departmental definitions; or is insufficient to determine whether a CA/N report exists.(c) When the intake information reveals the children may be at risk of maltreatment, the information is considered a "CPS Prevention Referral" and an evaluation of the child/family situation is required. The evaluation process is known as a "CPS Prevention Assessment."(d) "Risk of Maltreatment" is defined, for purposes of this policy, as family conditions or circumstances that, if left unchanged, can cause child abuse/neglect.(e) The CPS Prevention process is designed to determine if ongoing protective services are needed to prevent child maltreatment. 1. Children To Whom The Policy Applies Children under age eighteen (18) years whose family conditions/circumstances appear to be presenting a risk of maltreatment and the conditions/circumstances do not constitute child abuse/neglect per CA/N Allegations and Definitions; children who would be considered abused/neglected except for the fact that the person allegedly responsible is under age fourteen (14) years; and children for whom school personnel have reported concerns, other than school attendance, that indicate there may be a risk of maltreatment.2. Confidentiality - Information contained in CPS Prevention referrals and assessments is confidential and can only be released when there is a court order authorizing the release under the parameters set by the court order and according to Alabama law. CPS Prevention information may be shared with district attorneys and law enforcement only when a court order or grand jury subpoena specifically authorizes such sharing.(2) CPS Prevention Intake - To the extent possible, thorough and complete information about a child's and family's circumstances/conditions is obtained from the person making the referral. When situations are not appropriate for intervention by the Department, referral information on other community resources is provided.(3) CPS Prevention Assessment CPS Prevention assessment is designed to determine whether family conditions and circumstances are presenting risks that are significant enough to warrant ongoing services to prevent child maltreatment. The county in which the children are currently living is responsible for conducting the CPS Prevention assessment. (a) Initial contact shall be made with children identified as at risk of maltreatment as quickly as the intake information warrants, but no later than five (5) calendar days from the referral's receipt.(b) CPS Prevention assessments shall be completed within ninety (90) days from the date the intake information is received.(c) Required Interviews - Inperson interviews shall be conducted with parents and primary caregivers and all children identified as being at risk of maltreatment.(d) Required Information - Child welfare staff must collect information to determine the safety and wellbeing of the identified children and whether there is significant risk of maltreatment to warrant ongoing protective services.(4) Analysis and Decision Making - CPS Prevention analysis and decisionmaking involves analyzing parents' or primary caregivers' protective capacities; determining to what extent parents or primary caregivers are able and willing to control threats and manage risks; and determining if identified risks are significant enough to warrant ongoing services in order to prevent maltreatment.(5) Need for On Going Child Protective Services - Ongoing services are provided when the CPS Prevention assessment reveals a significant risk of maltreatment. Significant risk of maltreatment is defined as conditions or circumstances revealed during the CPS Prevention assessment that are likely to cause abuse/neglect if ongoing services are not provided to the child/family. The provision of ongoing services is voluntary unless a safety threat exists or services have been court ordered. When the CPS Prevention assessment reveals the children are safe, no significant risks have been identified, and the parents or primary caregivers have protective capacities sufficient to protect the children, the provision of ongoing services is not necessary. Author: Jerome Webb
Ala. Admin. Code r. 660-5-34-.13
Emergency adoption effective February 25, 2000. New Rule: Filed May 5, 2000; effective June 9, 2000. 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. Previous Rule 660-5-34-.12 was renumbered to .13 as per certification filed May 4, 2007; effective June 8, 2007.
Statutory Authority:Code of Ala. 1975, Title 38, §26(10); Title 26, §142; Title 38 §26(8).