Ala. Admin. Code r. 660-5-52-.02

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

Section 660-5-52-.02 - Legal Authority

(1) policy has been developed to comply with the following operating principles or standards of the R.C. Consent Decree:

(a)Section VIII. 48(c). The "system of care" shall not initiate or consent to the placement of a class member in an institution or other facility operated by DMH/MR or by DYS unless the placement is the least restrictive, most normalized placement appropriate to the strengths and needs of the class member.

(b)Section VIII. 51(d). The "system of care" shall forbid summary discharges from placements. DHR shall promulgate a policy acceptable to both parties, that describes steps that must be taken prior to a class member's discharge from a placement. The policy may permit, in exceptional circumstances, the placement of a class member in a temporary, emergency setting without prior notice to DHR.

(2) This policy was also developed to comply with the R.C. Consent Decree Implementation Plan, "System Processes and Services" chapter, page 16, which states ". . . DHR will adopt -- through policy and/or licensure standards -- specific criteria, mutually acceptable to the parties, for referral and admission to, as well as discharge from, foster homes, therapeutic foster homes, group facilities, psychiatric hospitals, and institutions operated by DMH/MR or DYS." All other principles of the R. C. Consent Decree (e.g., least restrictive environment, close proximity, and those related to maintaining contact with family) apply during hospitalization unless otherwise specified in a child's individualized service plan (ISP).

Author: Jerome Webb

Ala. Admin. Code r. 660-5-52-.02

New Rule: Filed October 7, 2003; effective November 11, 2003.

Statutory Authority:R.C. v. Fuller case (R.C. v. Hornsby, No. 88-H-1170-N, Consent Decree) (M.D. Ala. Approved December 18, 1991)