Ala. Admin. Code r. 660-5-35-.01
Current through Register Vol. 43, No. 1, October 31, 2024
Section 660-5-35-.01 - Definitions(1) Central Registry - A statewide listing of information established by the Department of Human Resources, known as the Central Registry, for reporting of child abuse and neglect.(2) Child - A person, who by reason of minority, is legally subject to parental guardianship or similar control. In the State of Alabama, the age of majority is nineteen (19) years.(3) Compact Administrator - A person appointed in each state to oversee or perform the daily tasks associated with the administration of the Interstate Compact on the Placement of Children (ICPC). The Compact Administrator is designated to serve as the central clearing point for all referrals for interstate placement and is authorized to conduct the necessary investigation of the proposed placement to determine whether or not the placement is in the best interest of the child.(4) Criminal History Background Information Check - The review of any and all records containing any information collected and stored in the criminal record repository of the Federal Bureau of Investigation (FBI), and the Alabama Department of Public Safety. This information involves arrests or convictions by a criminal justice agency, including but not limited to, child abuse crime information as defined by 42 U.S.C. § 5119, the National Child Protection Act of 1993; conviction record information; fingerprint cards; correctional data and release information; and identifiable descriptions and notation of convictions. Criminal history background information does not include any analytical records or investigative reports that contain intelligence information or criminal investigation information.(5) Foster Care - Care of a child on a twenty four (24) hour a day basis away from the home of the child'sparent(s). Such care may be by a relative of the child, by a non-related individual, by a group home, or by a residential facility or any other entity. In addition, if twenty four (24) hour a day care is provided by the child's parent(s) by reason of a court-ordered placement (and not by virtue of the parent-child relationship), the care is foster care.(6) Interstate Compact on the Placement of Children (ICPC) - A uniform law that has been enacted by all fifty (50) states, the District of Columbia, and the U.S. Virgin Islands, and that establishes orderly procedures for placing children across state lines for the purpose of foster care or adoption, and that fixes responsibility for those involved in placing the child; also referred to as the Compact.(7) Placement - The arrangement of the care of a child in a family free or boarding home or in a child-caring agency or institution, but does not include any institution caring for the mentally ill, mentally defective or epileptic, or any institution primarily educational in character, and any hospital or other medical facility.(8) Receiving State - The state to which a child is sent, brought, or caused to be sent or brought, whether by public authorities or private persons or agencies, and whether for placement with state or local public authorities or for placement with private agencies or persons.(9) Relative - For the purpose of placing a child with a relative, that person must be related to the child by blood, marriage or adoption and must meet one of the following degrees of relationship: parent, grandparent, brother, sister, step parent, step brother, step sister, half brother, half sister, uncle or aunt, and their spouses.(10) Sending Agency - A party state, officer or employee thereof; a subdivision of a party state, or officer or employee thereof; a court of a party state; a person, corporation, association, charitable agency or other entity which sends, brings, or causes to be sent or brought any child to another party state.(11) Visit - Visits and placements are distinguished on the basis of purpose, duration, and the intention of the person or agency with responsibility for planning for the child's place of abode. If the purpose of a visit is to provide the child with a social or cultural experience of short duration (e.g., a stay in a camp or with a friend or relative who has not assumed legal responsibility for providing child care services), the stay is considered a visit. If the child's stay is intended to be for longer than thirty (30) days, the circumstance constitutes a placement rather than a visit. A stay or proposed stay of longer than thirty (30) days is a placement or proposed placement, except that a stay of longer duration may be considered a visit if it begins and ends within the period of a child's vacation from school as ascertained from the school's academic calendar. A visit may not be extended or renewed in a manner that causes or will cause it to exceed thirty (30) days or the school vacation period. If a stay does not, from the outset, have an expressed end date, or if its duration is not clear from the circumstances, it shall be considered a placement or proposed placement and not a visit. Furthermore, a request for a home study or supervision made by the person or agency which sends or proposes to send a child on a visit and that is pending at the time that a visit is proposed will establish a rebuttable presumption that the intent of the stay or proposed stay is not a visit. A visit is not a placement within the meaning of the ICPC. Author: Jerome Webb
Ala. Admin. Code r. 660-5-35-.01
Effective October 11, 1983. Repealed and New Rule: Filed August 4, 2006; effective September 8, 2006.Statutory Authority:42 U.S.C. §5119 National Child Protection Act of 1993; Code of Ala. 1975, §§ 24-14-8, 38-7-15, 44-2-20.