Ala. Admin. Code r. 660-5-35-.11

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

Section 660-5-35-.11 - Placement For Adoption Between States - Private/Independent Adoptions

(1) The Compact applies to private/independent adoptions which are those adoptions where the Department does not have the legal authority to consent to the individual's adoption. Included in this group are adoption by relatives; adoption placements made by licensed child-placing agencies; and adoption of children placed independently by birth parents.

(2) The sending agency or person shall prepare and submit the ICPC documentation to SDHR for processing.

(3) For children who will be placed in Alabama, the adoptive home study shall be completed by a representative of a licensed child-placing agency or licensed social worker. Interviews with the child's birth parents shall be conducted by a representative of a licensed child-placing agency or a licensed social worker in the birth parent's legal state of residence. SDHR shall review the adoptive home study and provide a determination regarding the child's placement.

(4) For Alabama children who will be placed in another state, the adoptive home study shall meet the requirements of the state of residence of the prospective adoptive resource where the adoption will be finalized. Due to variations in state laws, a determination must be made regarding where the adoption can be legally finalized.

(5) When the adoptive placement disrupts prior to the issuance of the Final Decree of Adoption, the sending agency or person is responsible for returning the child to the sending state.

Author: Jerome Webb

Ala. Admin. Code r. 660-5-35-.11

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, 26-10A-10, 38-7-2(13), 38-7-15, 44-2-20.