Ala. Admin. Code r. 660-5-35-.05

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

Section 660-5-35-.05 - Children From Alabama Placed In Other States

(1) Prior to a child's placement in another state, the State Department of Human Resources (SDHR) ICPC Office must provide written approval for the placement and the concurrence of the court of jurisdiction must be obtained.

(a) Child care facilities that are licensed as a child-placing agency and that hold custody of a child shall act as the sending agency and follow Compact procedures when making placement requests with relatives in another state.

(b) Child care facilities that are not licensed as a child-placing agency and that hold custody of a child shall submit requests for relative placements to the DHR in the county where the custody order was entered. The county DHR will process the request using regular Compact procedures.

(2) The DHR must retain legal custody during the time of placement. If the DHR does not have custody, but the court has jurisdiction, this must be retained by the court during the placement.

(3) Should it become necessary to return the child to Alabama, the DHR or other Alabama agency is responsible for the cost of transportation unless the receiving agency indicates the family will pay.

(4) If a child is being placed out-of-state in a foster care placement and a board payment is authorized, Medicaid coverage may be provided by the sending or receiving state depending on the child's Title IV-E eligibility status.

(5) Children who are eligible to receive Title IV-E adoption subsidy payments are eligible for Medicaid in their state of residence.

(6) Custody or court jurisdiction of a child must be retained by the sending agency for a minimum of six months in order for the receiving agency to supervise the placement and determine if it is satisfactory. The placement agreement may be terminated only after a written report recommending termination is provided by the receiving agency and written concurrence is obtained from the receiving state's Compact office. Court action is required to relieve the sending agency of custody and/or terminate court jurisdiction.

(7) If court jurisdiction of a child is to be transferred to a court of like jurisdiction in the receiving state and the child's custody is to be placed with the supervising agency, SDHR must be notified and the receiving state must provide a written statement verifying that the court and supervising agency agree to accept the case before any action is taken.

Author: Jerome Webb

Ala. Admin. Code r. 660-5-35-.05

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; and The Consolidation Omnibus Budget Reconciliation Act of 1985 ( P.L. 96-272).