Ala. Admin. Code r. 660-5-39-.08
Current through Register Vol. 43, No. 1, October 31, 2024
Section 660-5-39-.08 - Adoptive Homes(1) The goal of adoption is to provide the child, in the absence of care and nurture by the child's natural family, with a permanent family, with whom the child may develop his/her own personal identity. (a)General Requirements For Adoptive Applicants: 1. Applicants must be at least nineteen years of age.2. An applicant, who is a single person, may apply.3. Applicants, who are married, must have been married at least one year.4. Applicants motivation must be determined and understood.5. Applicants must be financially stable.6. Applications may be accepted by persons employed outside the home; however, the discretion to require full time presence in the home by an applicant to ensure a child's adjustment into the home is reserved.7. Applicants are required to provide medical reports indicating that all family members are in good health.8. Adoptive parents must provide medical treatment to children as recommended by a legally licensed physician.9. Applications shall be accepted from persons of any religious faith.10. Applications may be accepted when either the prospective father or mother is a citizen of the United States.11. The applicants race of national origin will not be used as the single or exclusive criterion in the placement of children for Adoption.12. Applicants must have a Criminal History Check completed and a suitability letter issued before adoptions can be completed.13. A request for clearance of State Central Registry on Child abuse/neglect (DHR-DFC-1598) shall be submitted on each applicant and household member over the age of 14 years of age. (Refer to B., 3., b. on Page 18.).(b) Adoptive home study requests regarding placement of children who are in the permanent custody of another public state child welfare agency shall be conducted by the Department of Human Resources.(c) The agency shall establish administrative policies, practices and procedures related to adoptions. These shall be clearly defined and explained.(d) The agency shall ensure that the ability of adoptive parents to pay a fee shall not be a criterion of acceptability of applicants, and shall not in any way influence the choice of the most suitable family for each child.(e) Each agency shall develop a resource file of approved adoptive applicants to assure that an adequate choice of families can be considered for any one child.(f) A licensed child-placing agency shall not conduct or approve an adoptive home study on any of its employees or officials, which includes board members, volunteers or anyone else who has direct affiliation with the agency. Arrangements must be made with another licensed child-placing agency or licensed social worker to conduct and approve the study, make a placement, provide post-placement supervision and for reapproval.(g) For children whose custody has been permanently removed from the parents and the right of adoption granted by the court to the child-placing agency, the appeal period shall be expired before the child is placed in an adoptive home. An exception can be made for the child to be placed in a prospective adoptive home on a foster home basis prior to the child's being legally free. This must be in the child's best interest. The prospective adoptive parents must understand that this is an at-risk placement and be willing to accept the legal risk. The reasons for making an at-risk placement shall be carefully documented in the case record along with the adoptive parents' understanding of the same.(h) The selection of a home and placement shall be made in accordance with sound child placement practices. Adoptive parents are to be selected on the basis of their capacity to meet the needs of a child. The prospective couple should have the opportunity to decide whether the child is suitable to them based on the background information that is shared. Author: Jerome Webb
Ala. Admin. Code r. 660-5-39-.08
Effective October 16, 1989. Emergency amendment effective February 12, 1990. Succedent permanent amendment effective May 9, 1990. Succedent emergency amendment effective May 8, 1991. Succedent permanent amendment effective August 12, 1991. Amended effective November 10, 1992. Succedent emergency amendment effective November 30, 1994. Succedent permanent amendment: Filed February 6, 1995; effective March 13, 1995. Repealed and New Rule: Filed October 7, 2002; effective November 11, 2002.Statutory Authority:Code of Ala. 1975, §§ 38-7-1 through -17, §§ 41-22-1 through -17.