Ala. Admin. Code r. 660-5-35-.02

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

Section 660-5-35-.02 - Types Of Placement Covered

(1) The Compact applies to the following situations in which children may be sent to other states:

(a) when children in the temporary or permanent custody of the Department of Human Resources (DHR) are to be sent to other states;

(b) when the DHR is providing court ordered supervision of a child or the court has assumed jurisdiction over the child;

(c) when a private licensed child-placing agency (LCPA) has temporary or permanent custody of a child and is sending the child to another state for placement;

(d) when the birth parents are placing a child for adoption in another state;

(e) when children are placed in foster care, including foster homes, group homes, residential treatment facilities, and institutions;

(f) when children are placed with parents and relatives; and a parent or defined relative is not making the placement.

(2) The Compact does not apply in the following situations:

(a) When requests are made between states for investigations involving the custody of children during a divorce;

(b) When a child is to be placed by a parent, defined relative, or guardian having legal custody and the placement is with a relative in another state;

(c) When a child is to be placed in an institution for the mentally ill or mentally defective, epileptic, any hospital or medical facility, or an institution for purposes that are primarily educational;

(d) When a child is in the custody and care of the Department of Youth Services or Department of Mental Health as the Compact Office of these respective agencies handles these placements; and

(e) When a child is visiting in other states.

Author: Jerome Webb

Ala. Admin. Code r. 660-5-35-.02

Effective October 11, 1983. Amended: Filed April 4, 2001; effective May 9, 2001. Repealed and New Rule: Filed August 4, 2006; effective September 8, 2006.

Statutory Authority:42 U.S.C. §5119 National Child Protection Act of 1993; Code of Ala. 1975, §§ 24-14-8, 38-7-15, 44-2-20.