Ala. Admin. Code r. 660-5-35-.10

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

Section 660-5-35-.10 - Placement For Adoption Between States - Child In Permanent Custody Of A Child Welfare Agency

(1) The Compact applies when children in the permanent custody of a child welfare agency are to be placed in another state for the purpose of adoption.

(2) The sending agency shall prepare a request for placement and an adoptive home study, and submit it to the receiving state. SDHR will not process the request and conduct an adoptive home study if the child is not free for adoption because the termination of parental rights is under appeal.

(3) The receiving state shall conduct the adoptive home study and provide a disposition regarding placement to the sending agency. If the study is approved, arrangements for the actual placement will be finalized.

(4) If, prior to the finalization of the adoption, it is determined that the placement is contrary to the child's best interest, the sending agency shall make arrangements for the child to be returned to the sending state.

(5) The receiving state is responsible for making a recommendation regarding the finalization of the adoption and the court of jurisdiction is responsible for issuing the Final Decree of Adoption.

Author: Jerome Webb

Ala. Admin. Code r. 660-5-35-.10

New Rule: Filed August 4, 2006; effective September 8, 2006.

Statutory Authority: Title VI of the Civil Rights Act of 1964, 42 U.S.C. §5119 National Child Protection Act of 1993; Code of Ala. 1975, §§ 24-14-8, 26-10A-10, 38-7-2(13), 38-7-15, 44-2-20.