Ala. Admin. Code r. 660-5-50-.02

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

Section 660-5-50-.02 - Legal Authority

Visiting policy has been developed to comply with the following principles set forth in the R. C. Consent Decree:

(1) "VIII 45. The system of care shall promote class members' visitation with their parents and family.

(a) The matter of visitation shall be addressed in the class member's individualized service plan.

(b) Visitation may be arranged by the class member, the class member's parents or family or the foster parents, as well as by DHR staff and the staff of residential facilities, in accordance with the individualized service plan.

(c) Supervision of visitation shall be required only when there is danger that the parent or family member with whom the class member is visiting will harm the class member unless the visit is supervised.

(2) Visiting with parents, family members, and friends will be promoted for every child in out-of-home care unless visiting places the child's safety at risk; substantially inhibits attainment of the goals of the safety plan or the permanency goal of the ISP; or subjects the child to intimidation regarding investigative statements or court testimony. Visiting will be addressed by the child and family planning team, and any restrictions placed on visiting will be specified in the ISP.

(3) There will be no restrictions placed on the number, frequency, duration or sites of visits unless it has been determined and documented in the case record that these restrictions are needed and authorized by this policy.

(4) Visits are to be viewed as valuable in and of themselves and as strategies in meeting the child's developmental and permanency needs. Visits can be arranged and supervised without the involvement of the DHR worker unless it has been determined and documented in the case record that DHR involvement is needed to protect the child.

(5) Visits with parents and family members cannot be used as rewards or punishments (for children, parents, or other family members). In addition, a child is not to be forced to visit against his or her will. If a child does not want to visit, the worker and foster care provider should see that someone close to the child discusses with the child why he or she does not want to visit and addresses the child's desires about visiting in a way that is supportive of the child and family.

Author: Jerome Webb

Ala. Admin. Code r. 660-5-50-.02

New Rule: Filed October 7, 2003; effective November 11, 2003.

Statutory Authority: R. C. v. Fuller, No. 88-H-1170-N, Consent Decree (M. D. Ala. Approved December 18, 1991).