Ala. Admin. Code r. 660-5-50-.06

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

Section 660-5-50-.06 - Children Visits

(1) The child in foster care has the right to visit with parents, other family members, and friends 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. An ISP need not be in place for visits to occur. Visits will begin immediately upon placement unless restrictions are imposed. Visits with parents or others may not be used as rewards or punishment. Visits are to take place in the most normalized, family-like setting that meets the child's need for safety.

(a)The Role of the Child and Family Planning Team - Visiting is needed to maintain and strengthen family and other attachments. Visiting is also a right of the child and family. Thus the ISP will identify visiting as a step needed to maintain and/or strengthen attachments to parents, other family members, and friends; and the ISP will identify steps needed to permit visiting that is desired by the child and family. The child and family planning team will identify services needed to support and encourage visiting. Also, the team will clarify, among other things, the role and responsibilities of the foster care provider and service providers in supporting, arranging, approving, participating in or supervising visits; the role of the DHR worker in supporting, supervising, or approving visits; any therapeutic purpose particular visits are expected to serve; and restrictions, if any, to be placed on visits. The team's decisions will respect the family's culture (beliefs and values). Issues related to visiting will be reassessed frequently.

(b)Placement Visits - Normally, the parent(s) and child will visit a placement prior to the child's move. The parent(s) and child should be informed of their visiting rights at this time. The worker shall encourage and support the parent(s) to participate in the actual placement of the child. When a pre-placement visit has not occurred, the DHR worker shall inform the parent(s) and child of their visiting rights at the time of placement. When it is not feasible to inform the parent(s) at the time of placement (e.g., the parent(s) is inaccessible, an emergency prevents oral notice), prompt notice will be provided after placement.

(c)Arrangements for Visits - Unless restrictions apply, visits may be initiated by the family, the child, friends, or the foster care provider. Visits will be conducted in accordance with the "reasonable rules" of the foster care provider as permitted by this policy. The visitor and foster care provider (who will involve the age appropriate child) will mutually agree on the time of day, duration, and location of visits, unless these matters are specified in the ISP. The DHR worker will normally not arrange or be present at visits, unless requested by the child or visitor; the ISP or safety plan requires the worker to arrange, supervise or otherwise be involved in visits (e.g., when necessary to protect the child's safety); or to obtain information for court reports and/or child and family planning team participation. The DHR worker, or another person designated by the worker or the child and family planning team, will mediate any conflicts that occur between the family and foster care or service provider(s) over visits. If problems persist, the DHR worker will discuss the matter with the child and family planning team. The child should not be asked or expected to mediate conflicts. Visits of parents will be arranged so as to encourage and permit the parent(s) to engage in routine parenting functions such as performing daily care responsibilities such as bathing, feeding, dressing of the child; helping with homework; attending school functions and conferences with the child; transporting or going with the child to a medical appointment; taking the child shopping, for a hair cut or for other personal care; or taking the child on family or recreational outings such as church, picnics, walks, cook-outs, family holidays and reunions.

(d)Location of Visits - Visits will occur in the most normalized family-like setting that will meet the child's need for safety. Visits may occur in the foster home or other placement, the family residence, a relative's home, or the site of special events such as the school, church, park, etc. Visits should not occur at the offices of the County Department unless necessary to protect the child's safety, or unless requested and agreed upon by the age appropriate child and visitor. When visits are to be supervised, they may occur at the foster home or other placement or another acceptable site.

(e)Frequency of Visits - Daily visits with the parent(s) and other family member(s) will be encouraged. At a minimum, the team will encourage and support weekly visits with the parent(s) if the permanency goal is for the child to return home. If the permanency goal is relative placement, at least weekly visits with the relative will be encouraged and supported. If frequent visits are not occurring between the child in care and the parent(s), other family members or friends, the DHR worker will assess the reasons and take steps needed to encourage and promote frequent visits, including arranging visits as needed. The worker will also discuss the issue with the child and family planning team. When the parent(s) is unable to visit frequently even with supportive services, mail and telephone contacts will be intensified. The Department will reimburse the parent(s) as necessary via local or flex funds to enable intensified phone and mail contact.

(f)Reasonable Rules for Visits - The foster care provider may require the child and those with whom the child visits to abide by the following reasonable rules. The time of day, duration and location of visits will be determined by the child's, family's, and provider's circumstances; parents, family members and other visitors will give the provider advance notice of visits unless excused by prior arrangement; when visiting is at the provider's home or other placement, the parent(s) or other visitor may be required to abide by reasonable "house rules" of the provider; the foster care provider may require the parent(s) or other visitor to leave if they arrive for the visit in an apparent intoxicated or drug induced state, or exhibit threatening or abusive behavior to the child or provider. If necessary, DHR should be called for assistance in terminating the visit. The police should be used only as a last resort; and, the foster care provider may refuse to allow the child to leave with the parent(s) or other visitor who appears incapable of caring for the child (e.g. visitor who is physically ill, appears intoxicated, or exhibits threatening or abusive behavior to the child). When the foster care provider cancels or limits a visit the provider should document their observation of the visitor's behavior or action that caused concern. These observations, and actions taken by the provider, should be shared with the DHR worker immediately, and addressed with the parent(s) or other visitor at an appropriate time.

Author: Jerome Webb

Ala. Admin. Code r. 660-5-50-.06

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).