Ala. Admin. Code r. 660-5-35-.08

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

Section 660-5-35-.08 - Interstate Placement In Group Homes, Child Care Institutions, And Residential Treatment Facilities

(1) All requests by county DHRs to place a child in a group home, child care institution or residential treatment facility in another state must be approved by SDHR prior to placement.

(a) A child can only be referred to, placed in, or provided services by a group home, child care institution or residential treatment facility which is licensed or approved in accordance with the laws in the state in which it is located.

(b) Prior to placement, the court having jurisdiction must be notified for written concurrence with the out-of-state plan for a child who is in DHR custody.

(2) If a parent or guardian having legal custody of a child plans to place that child in a group home, child care institution or residential treatment facility in another state, ICPC requirements must be met. The county DHR in the legal parent's or guardian's county of residence will assist the parent or guardian in completing the required documentation. SDHR reviews the ICPC documentation and notifies the county DHR when the placement is approved. The receiving state or parent/guardian must notify SDHR when the placement is terminated so the child's case can be officially closed.

(3) Other states that plan to place a child in an Alabama group home, child care institution or residential treatment facility must submit the referral through the SDHR. The group home, child care institution or residential treatment facility must be in compliance with Title VI of the Civil Rights Act of 1964 for SDHR to accept the referral.

(a) If a group home, child care institution or residential treatment facility receives a referral directly from another state, the home or facility must provide the referral source with written notice of interstate placement statutes and must contact the SDHR prior to accepting the child for placement.

(b) SDHR will request Compact documentation from the sending state for placements that are approved.

Author: Jerome Webb

Ala. Admin. Code r. 660-5-35-.08

New Rule: Filed August 4, 2006; effective September 8, 2006.

Statutory Authority: Title VI of the Civil Rights Act of 1964, 42 U.S.C. §5119 National Child Protection Act of 1993; Code of Ala. 1975, §§ 24-14-8, 38-7-15, 44-2-20.