Ala. Admin. Code r. 660-5-50-.05

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

Section 660-5-50-.05 - Children Covered By Visiting Policies

(1)General Policy

(a) This policy applies to all children in DHR custody or planning responsibility who have been removed from their home and placed in foster care {e.g., home of relatives (kinship care) or neighbors, foster family home, therapeutic foster family home, group home, shelter home, child care institution, hospital or other residential facility}. It does not apply to children living in their own home.

(b) Children retain the right to visit with their parents and families even when the rights of the parents have been terminated. Visiting may be restricted when it 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. The circumstances and extent of visiting will be addressed in the child's ISP.

(c) Child care institutions, group homes and licensed child placing agencies which approve foster homes that serve children in the custody or responsibility of the Department are to develop a written policy regarding visiting. These facilities may adopt the policy of the Department or develop their own as long as it is consistent with Department policy and provides children no less visiting rights than children in foster homes approved by the Department. The visiting policy is to be approved by the Department and explained to all children placed by DHR and their parents so they understand the policy. A copy of the policy will be given to the parents upon request.

Author: Jerome Webb

Ala. Admin. Code r. 660-5-50-.05

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).