Ala. Admin. Code r. 660-5-29-.01

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

Section 660-5-29-.01 - Legal Authority

(1) The Minimum Standards for Foster Family Homes have been revised in accordance with the following: Child Care Act of 1971 (Title 38, Chapter 7, Code of Ala. 1975,) with specific reference to §§ 38-7-2, 38-7-3, 38-7-4, 38-7-8, 38-7-10; Title 38, Chapter 13, §§1-12, Code of Ala. 1975; Title 41, Chapter 22, §§1-27, Code of Ala. 1975; 12-15-65 and 26-14-1; Federal Court Orders in reference to the R.C. v. Fuller case (R.C. v. Hornsby, No. 88-H-1170-N, Consent Decree) (M.D. Ala. Approved December 18, 1991), Pub. L. No. 89-105, the Adoption and Safe Families Act

(a)Licensing or Approval Requirement. Any person, group of persons or corporation who or which receives for care or placement one or more children unrelated to the operator must apply for a license or approval to operate a foster family home.

(b)Legal Base. The Department of Human Resources is given the authority under Alabama Statutes to prescribe and publish Minimum Standards for licensing and for approving all foster family homes.

(c)Definitions. For the purposes of this document, the following definitions apply.

1.Child. Any person under 19 years of age, a person under the continuing jurisdiction of the juvenile court pursuant to § 12-15-32, or a person under 21 years of age in foster care as defined by the Department of Human Resources.

2.Department. The Department of Human Resources of the State of Alabama.

3.Child Placing Agency. A public or private child-care facility which receives, places, or arranges for the placement of any child or children in adoptive or foster family homes or other facilities for child care apart from the custody of the child's or children's parents. The term "child-placing agency" includes, but is not limited to, all agencies established and maintained by a municipality or other political subdivision of the State of Alabama to protect, guard, train or care for children outside their own homes, but does not include any circuit court or juvenile court or any duly appointed juvenile probation officer or youth counselor of the court who receives and places children under an order of the court.

4.Foster Family Home. A child care facility in a residence of a family where the family receives a child or children, unrelated to said family, for the purpose of providing family care and training on a full-time basis. The types of foster family homes are defined as follows:

(i)Boarding Home. A foster family home wherein the foster family receives a child or children and receives payment for their care; provided however, that the number of children so received shall not exceed six, unless said children are of common parentage.

(ii)Free Home. A foster home which does not receive payment for the care of a child or children and which may or may not receive the child or children for the purpose of adoption.

(iii)Maternity Center. A facility in which any person, agency or corporation receives or cares for one or more minor pregnant girls, except that the term does not include hospitals.

Ala. Admin. Code r. 660-5-29-.01

New Rule: Filed July 8, 2002; effective August 12, 2002.

Author: Jerome Webb

Statutory Authority: Child Care Act of 1971 (Title 38, Chapter 7, Code of Ala. 1975,) with specific reference to §§ 38-7-2, 38-7-3, 38-7-4, 38-7-8, 38-7-10; Title 38, Chapter 13, §§1-12,

Code of Ala. 1975; Title 41, Chapter 22, §§1-27, Code of Ala. 1975; 12-15-65 and 26-14-1; Federal Court Orders in reference to the R.C. v. Fuller case (R.C. v. Hornsby, No. 88-H-1170-N, Consent Decree) (M.D. Ala. Approved December 18, 1991), Pub. L. No. 89-105, the Adoption and Safe Families Act.