Ala. Admin. Code r. 660-5-28-.03

Current through Register Vol. 42, No. 10, July 31, 2024

Section 660-5-28-.03 - Foster Care Resources

(1) The responsibility of the State Department of Human Resources for providing substitute care to dependent, neglected, abused, and otherwise handicapped children, carries with it: the responsibility of developing new resources; evaluating homes, group homes, and institutions that make application for approval or a license; and the responsibility for reevaluating, reapproving, or relicensing existing foster care resources.

(2) The State Department of Human Resources has delegated to the County Department of Human Resources the responsibility to develop and approve foster homes. Prior to being approved, it must be determined that the prospective foster homes meet the standards prescribed in Minimum Standards For Foster Family Homes: Principles, Regulations, Procedures, 1974 (Revised 1982). It is the responsibility of the County Department to make inquiry into unapproved homes boarding unrelated children. It must be determined that such a home meets the prescribed minimum standards and is an appropriate resource for these children before approval can be granted. The Department also has the responsibility to develop resources through the recruitment and evaluation of potential foster homes.

(a) Foster Family Homes.

1. The types of Foster Family Homes are:

(a) Boarding Homes and

(b) Free Homes.

(i) Foster Family Boarding Homes.

(I) A "boarding home" means 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) Foster Family Homes Serving as Maternity Centers.

(I) In addition to meeting the Minimum Standard for Foster Homes, homes serving as maternity centers must be appropriate for minor pregnant girls who are in need of foster care services.

(iii) Unrelated Free Homes.

(I) A free home is a Foster Family Home which does not receive payment for the care of unrelated children. The home may or may not receive the child or children for the purpose of adoption. The free home is subject to the same rules and regulations regarding care of children, standards of home, etc. as the boarding homes.

(b) Principles and Procedures for Developing and Evaluating Foster Family Homes.

1. Recruitment.

(i) The County Department has the responsibility to recruit Foster Family Boarding Homes through:

(1) general community interpretation,

(2) publicity campaigns,

(3) news media,

(4) direct appeal to specific interested groups or organizations, and

(5) individualized approaches to specific families who may be interested in boarding foster children.

(ii) It is desirable for the foster family to include two parents. However, a single parent whose personal qualities are satisfactory may be approved.

2. Foster Home Study.

(i) Purpose. The purpose of the foster home study is to allow the Department to learn enough about the applicants to determine whether or not they can be successful as foster parents and the type of child they can best serve. The study involves an evaluation process aimed toward fulfilling the Department's responsibility to protect and assure foster children of a safe and enriching environment for their development.

(ii) Screening of Application.

(I) During the initial contact with the agency, the applicants are screened to determine if they meet the broad agency requirements. Prospective foster parents should be informed of the services, policies, procedures, regulations and expectations to help them decide whether or not they wish to continue with the study.

(iii) Study and Evaluation.

(I) The applicant's children as well as other persons living in the home should be involved in the study.

(II) The following areas must be discussed with the applicant during the study: characteristics of children requiring placement, the kinds of situations which necessitate placement, problems children face in their role as foster children, varying length of time which children need placement, difference between foster family care and adoption, worker's role with foster parents, child and natural parents, responsibility of agency for children served, Department's responsibility for making study of home recommendations, and the Department's policies and procedures regarding payment for foster care.

(III) The marriage and all previous divorces of foster applicants must be verified.

(IV) References for the applicants must be contacted for supplemental information regarding the applicant's ability to provide care for foster children.

(V) A diagnostic evaluation and recommendation for approval or disapproval are made upon completion of the study. The final recommendation for approval should include the number, age, and sex of children the foster family can best serve.

(VI) If the application is approved, the County Department issues a "Foster Family Home Approval", signed by the Director or employee authorized to sign the Director's name. The approval extends one year from the date of issuance. The original copy of the approval is given to the foster parents.

(VII) Children are not to be placed in a home until a study of the home is complete and the approval is in the possession of the foster parents.

(VIII) In the event a couple has been inactive, disapproved, refused a renewal of an approval or had their earlier approval revoked and then wishes to reapply, the earlier reasons for not proceeding with the agency must be discussed in detail. A new application form and all other forms must be completed as with an initial application.

(iv) Application Renewal.

(I) Approval remains in effect for one year from date of issuance unless revoked. Application for a renewal is to be completed thirty (30) days prior to expiration date of the current approval. The home will be subject to a reevaluation by the agency. The foster parents must complete the form, Application to Operate Foster Family Home.

(II) The reevaluation of the home includes: any change in the foster family's household or physical setting; every 4 years, a physical examination or statement from a licensed practicing medical doctor or a physician's assistant which attests to the foster parent's freedom from infectious and contagious disease and physical fitness to care for children; the requirement of foster parents age 62 and older to have the physical examination or medical statement completed every 2 years; a statement from a licensed practicing medical doctor or a physician's assistant on all other members of the household (i.e. foster parents' own children, relatives, etc.) every 4 years indicating the person's freedom from contagious infectious disease; information regarding any major changes in foster family's financial situation; changes in capacities for child caring; an assessment of the foster parents' ability for providing for and meeting needs of foster children during the past year; an assessment of their relationship to the agency; and an assessment of areas in which foster parents have needed help and requested it from agency.

(III) If the foster parents' renewal application is approved following the reevaluation, a new form, "Foster Family Home Approval," must be completed in duplicate and the original copy sent to the foster parents.

(IV) If the decision is made that the home cannot be reapproved, the reasons must be discussed with the foster parents in a way that will minimize the damage to the family and give recognition to their strengths. The foster parents should have the opportunity to withdraw voluntarily. The decision should be confirmed in writing to the foster parents.

(v) Disapproval or Revocation of Approval.

(I) The Department may revoke, disapprove or fail to renew an approval at any time the foster home does not maintain standards prescribed and published by the Department. In each situation, the reasons should be discussed with the foster parent applicants or foster parents and confirmed in writing.

(II) If the home has failed to submit reports or records required by the Department, the Department must make written demand for such records or reports. If the home fails to submit requested material within 10 days following such written notice, the approval may be revoked.

(vi) Supervision of Foster Family Home.

(I) The County Department must maintain supervision of the child and home during placement through frequent home visits and telephone contacts. These contacts serve to help foster parents function adequately in their role as well as provide services to the child.

(II) The worker supervising a foster home must have contact with the foster parents every six months, although currently they may not be serving children.

(vii) Termination of Placement.

(I) When foster parents request termination of placement, advance notice should be given to the agency if possible. The worker must determine the reason for the requested move and evaluate the home in relation to continued use and future placement.

(II) When the Department terminates a foster placement, the foster parents must be given an advance notice and a reason for the termination except when conditions occur which indicate that immediate removal is needed. The worker should help the foster parents accept the need for the child's move and give assistance with the preparation of the child for his removal.

(viii) Grievance Review Procedure.

(I) A "grievance" is defined as a complaint about the methods or ways services are provided to foster children in foster homes and services provided to foster parents.

(II) If a problem related to services arises in a foster home and cannot be resolved by the foster parents and social worker, the foster parent has the right to seek resolution by notifying the social worker's immediate (line) supervisor either orally or in writing. It will be the supervisor's responsibility to collect pertinent information, make an evaluation, and review with the foster parent the decision. If the problem cannot be resolved by the supervisor or if the foster parent is dissatisfied with action taken, the foster parent may request a review of the grievance by the County Director.

(III) After attempting to resolve on the local level, the foster parent may choose to take the grievance up with the State Department. This may be done through written or oral contact directed to the Bureau of Family and Children's Services. Any decision made by the Department concerning the grievance will be considered final.

(IV) It is recognized that conflicts between foster parents and the Department do arise and that procedure is needed for addressing these conflicts. They need to be aware that their ideas and feelings are important to the Department and can be expressed. They will be listened to and an objective decision made. Efforts will be made to improve or change practices and procedures as needed.

(3) Child-Care Institutions and Group Homes.

(a) The State Department of Human Resources has the legal responsibility to license all private institutions and group homes serving dependent and neglected children. Group Homes are facilities which care for at least seven but not more than ten children. Child-Care Institutions are facilities which provide care for more than ten children.

(b) Generally, Child-Care Institutions or Group Homes are resources for the care of children who cannot be cared for in their own homes and whose needs can best be met by group living. Such a group living situation provides more structure than a Foster Boarding Home.

(4) In-State Residential Treatment Under Contract.

(a) Children referred to these facilities must have mild to severe behavioral or emotional problems which cannot be treated on an out-patient basis.

(b) These children must also be eligible for Title XX Services in order for the facilities to receive payment.

(5) Out-of-State Residential Treatment Facilities for Emotionally Handicapped Children.

(a) Approval for placement in an out-of-state residential treatment facility will be given only for children placed by court order in the temporary or permanent custody of the Department.

(b) Continued approval for such payments will be contingent on: reassessment of need each six months, the appropriateness of the plan, the income of the family, and alternate plans being made to an in-state facility as soon as feasible without jeopardizing the well-being of the child.

(c) All appropriate resources within the state must be explored before approval will be given for referral to an out-of-state facility.

(6) Foster Care for Indian Children.

(a) The Department of the Interior, Bureau of Indian Affairs, has developed guidelines to assist state social service agencies in the implementation of foster care services to Indian children.

(b) There are certain procedures that must be followed when an Indian child in need of foster care comes to the attention of a County Department. The County Department is to notify the Bureau of Family and Children's Services, Division of Foster Care, so the County Department can be advised of appropriate procedures to follow in developing a foster care plan for the child.

(7) Provisional Foster Care for Children.

(a)Intent. The intent of provisional approval is to provide a method for front line staff to expedite the temporary approval of a foster care resource in an emergency situation, when that resource is in close proximity to the child's own home, is known to the child and/or his family and can provide a safe environment for the child while reducing the trauma the child might experience if placed with strangers. It is NOT the intent of these standards to provide a means to circumvent or negate current policy or licensing standards for approving foster homes, and this provisional approval should only be used in those emergency situations in which the conditions described herein exist.

(b)Definitions

1. Community: The area served by the school system where the child attends if that area includes the physical neighborhood where the child and his/her family live

2. Child's Own Home: The physical environment or location of the family in which the child resides or was residing prior to removal or placement in DHR custody or care.

3. Close Proximity: The same neighborhood, community, or if that is not feasible, the home county of a child.

4. Emergency Situation: A situation in which the child has been harmed or is at risk of imminent serious harm or threatened harm and action to protect the child must be taken.

5. Foster Care Disruption: Circumstances in a foster care placement resulting in the immediate need to remove the child from the current placement.

6. Neighborhood: The physical area in which the home is located.

7. Provisional Approval: A temporary foster care approval of a specific family in an emergency situation for a specified child in the custody/planning responsibility of the department.

8. Provisional Foster Home: A foster home approved to provide foster care for a specific child, located in close proximity to the child's home, in an emergency situation pending full compliance with an ISP.

(c)Required Criteria for Provisional Approval

1. Prior to assessing and inspecting a home for a provisional approval the following conditions must exist:

(i) An emergency situation where a child must be removed immediately from his own home or;

(ii) The disruption in a foster home which results in the immediate need to remove the foster child from his current placement; and

(iii) The Department or child placing agency must currently have custody/planning responsibility of the child either through a verbal or written court order, Foster care agreement or summary removal action. **See Chapter VII, Family and Children Services Manual regarding when to use foster care agreements.

(iv) The prospective foster family home must be located in the child's neighborhood or community and if that is not feasible in his home county making it possible for the child to continue in the same school, church and community activities.

(v) The prospective foster family home must be a family known to the child and/or his family.

2. Once a prospective provisional foster family has been identified an assessment of the provisional foster family's willingness and ability to provide care to the child and meet the child's needs shall be made. The following are to be considered in making this assessment:

(i) The relationship between the child and/or the prospective foster family;

(ii) The experience and expertise the prospective foster family has in providing care to children;

(iii) The prospective foster family's past role in helping or protecting the child while preventing occurrences of abuse/neglect;

(iv) The prospective foster family's understanding of the need for protection and the ability to provide protection and support to the child;

(v) Contact and input of all household members; and

(vi) The prospective foster family's willingness and ability to be in full compliance with Minimum Standards for Foster Family Home within six months of approval.

(d) Preferred Criteria

1. The foster family should have knowledge and understanding of the circumstances which resulted in the child's need for placement.

2. The selection of the foster home is to be made in partnership with the child, and/or the child's family and the department or child placing agency.

3. The placement should provide the child with the opportunity to attend the same school, church and community activities and to maintain contact with family friends and neighbors.

(e) Home Safety Assessment

1. A home safety inspection must be made to determine any apparent risk to the health and safety of the child. The home must meet the following requirements for foster family homes which can also be found in Minimum Standards For Foster Family Homes:

(i) The Foster Family Home shall be located in a neighborhood which is suitable and favorable to the general welfare of the child or children to be placed.

(ii) The Foster Family Home shall be accessible to schools, churches and other community facilities which offer wholesome opportunities for the child's growth and development.

(iii) Inspections by the state or local fire department and by the state or local health department shall be required as determined necessary by the Department, the licensed child-placing agency, or the foster parent(s).

(iv) A smoke detector shall be located within ten feet of each bedroom and no more than 30 feet apart in hallways. In a two story house (upstairs or basement) a smoke detector shall be located at the head of the stairway.

(v) A 2A 10BC dry chemical fire extinguisher no less than 5 pounds in weight shall be installed in an accessible spot, near an escape route no later than 5 days from the date of the provisional approval.

(vi) Unvented natural gas heaters are prohibited in bedrooms and bathrooms. Unvented propane gas space heaters equipped with oxygen depletion devices are permitted in all areas of foster family homes (including bedrooms and bathrooms) which are one or two family dwellings if the heaters are installed in accordance with local and national gas codes as verified to the Department or child -placing agency by a written statement from a qualified professional. This type heater is not allowed in manufactured homes (mobile homes) or modular homes. No stove or combustion heater shall be so located as to block escape in case of fire arising from malfunctioning of the stove or heater.

(vii) Homes having a pool/spa must be in compliance with the Minimum Standards for Foster Family Homes.

(viii) It shall be determined as soon as possible that a mobile home conforms to National Mobile Home Construction and Safety Standard Act of 1974. An aluminum plate permanently attached to the mobile home, will indicate conformity with the 1974 Act. Mobile Homes shall comply with anchoring and tie-down requirements as specified by Code of Ala. 1975, Section 24-5-30 through 24-5-34.

(ix) The Foster Family Home and grounds shall be free from anything which constitutes a danger (e.g., abandoned automobiles and household appliances, uncovered wells and cisterns, stacked lumber with exposed nails and explosives). Appropriate safeguards shall be provided against potential hazards (e.g., open fires, heaters, cooking ranges, thermostatic controls, guns, poisons drugs).

(x) A fence enclosing a play area shall be provided when there are hazards in the immediate neighborhood.

(xi) All windows and doors shall be screened against insects unless the home is air conditioned. The home shall be adequately ventilated and comfortably cooled and heated.

(xii) The Foster Family Home shall be in a clean condition.

(xiii) The Foster Family Home shall have an adequate number of bedrooms. The bedrooms shall not be used for purposes other than for the child's sleeping, personal care, privacy and studying. The bedrooms shall be ventilated and appropriately lighted. Adequate space shall be provided for each child's personal belongings.

(I) Children shall not sleep with adults.

(II) No more than two unrelated children shall be permitted to sleep in the same bed and they must be of the same sex and less than 6 years old.

(III) Siblings of any age of same sex may sleep in the same bed when determined appropriate by the worker and foster parent.

(IV) Separate sleeping rooms must be provided for children over age 6 who are of the opposite sex.

(V) All babies must sleep alone.

(xiv) Adequate space and facilities shall be available for the special care of sick members of the family and the foster child(ren)

(xv) The Foster Family Home and grounds shall include safe and suitable play space for indoor and outdoor activity.

(xvi) The certificate of rabies vaccination shall be on file in the home for any animal on the premises required by law to be vaccinated. Animals that pose a threat to children's health and safety shall be kept in an area inaccessible to children.

(xvii) Every Foster Family Home shall have reasonable access to a telephone.

(xviii) The Foster Family Home shall have adequate and appropriate facilities for the storage, protection and preparation of food.

(xix) Video tapes shall be viewed by the foster parent(s) for appropriateness before being shown to children. Video tapes, computer software and reading materials with a sexually explicit, frightening or violent content shall be inaccessible to children.

(xx) The Foster Family Home shall not receive or care for roomers or boarders without special approval by the Department or the licensed child-placing agency.

(xxi) Foster Family Homes approved to service children shall not be approved to serve adults without special approval by the Department or the licensed child placing agency.

(f) Health of Household Members

1. The health of all family members shall not be detrimental to the physical and mental well being of the child(ren) placed in care.

(i) An initial physical examination for foster parents by a licensed practicing medical doctor, a physician's assistant (as defined in Section 34-24-290(4), Code of Ala. 1975, or certified family nurse practitioner shall be made no later than ten(10) days from the date the home was provisionally approved. A record of the examination shall be filed with the Department or licensed child-placing agency. DHR-DFC-737, Medical Report for Persons Giving Care to Children (see copy in the Appendix), shall be completed in all respects, including the tests specified.

(ii) A statement from a licensed practicing medical doctor, a physician's assistant, or certified family nurse practitioner on all other members of the household (i.e., foster parents' own children, relatives, etc.) shall be submitted to the Department or licensed child-placing agency within ten(10) days of the provisional approval. Each statement shall indicate the person's freedom from contagious and infectious diseases.

(iii) Where there is indication of possible disease, the foster parent or member of the household shall have appropriate medical consultation, and treatment if prescribed. If, upon observation, examination or as a result of tests, a foster parent or member of the household shows indication of a physical, emotional, or mental condition which could be detrimental to the children's care or which would prevent satisfactory performance of duties, said person shall not give care to children in the custody/planning responsibility of the department until the conditions are corrected to the satisfaction of the examining licensed practicing physician, the Department or the licensed child-placing agency.

(g) References

1. The worker must obtain names, addresses and telephone numbers of three references who can provide information as to the prospective foster family's ability to care for children and that all members of the foster family are of good character and suitability.

2. At least one reference contact must be made before a family is to be provisionally approved. Additional references contacts shall be made on the next business day from the provisional approval and placement of the child.

(h) Child Abuse and Neglect Central Registry, Criminal History and County Records Check

1. The worker must obtain sufficient information to clear the CAN Central Registry, Criminal History and County Records on all provisional foster home applicants. Sufficient information must be obtained on all household members to permit clearance checking of the CAN Central Registry and county department records.

2. The CAN Central Registry must be cleared on all household members as soon as the information is available. If access to the CAN Central Registry is not available, i.e., after regular office hours or when the computer system is inoperable, a central registry check is to be made the next business day after the provisional approval or as soon as the computer system is operable.

3. Check of local county files and local criminal history shall be made the next business day after the provisional approval. Fingerprints for all family members 19 years or older living in the provisional foster home are to be obtained and submitted to the Alabama Bureau of Investigations and the Federal Bureau of Investigations the next business day after the provisional approval of the home.

4. If information learned through the above mentioned checks shows prior CAN's, convictions or other involvement with drugs or illegal activities that would place the child at risk of harm or threatened harm, the provisional approval will immediately be revoked and the child(ren) in the agency's custody removed immediately.

(i) Issuance of a Provisional Approval

1. Child Welfare Staff and Adult Service Staff who have knowledge and understanding of this policy may issue a provisional approval only with authorization from the County Director and/or the Supervisor which is confirmed by the individual's signature on the provisional approval document.

(j) Limitations of Provisional Foster Home Approvals

1. A provisional foster home must meet established standards outlined in this policy for a provisional approval.

2. Provisionally approved foster homes are limited to serving only those children and/or siblings for whom the home was provisionally approved. Should these child(ren) be removed from the home the provisional approval is automatically revoked.

3. Should the foster family move to another residence the provisional approval is revoked as it is nontransferable. The new home must be assessed to determine if it meets the minimum standards for a provisional approval according to the policy described herein.

4. Any changes occurring in the provisional foster home that affects the care of the child must be reported to the Department of Human Resources. At a minimum such changes include a change in location, household composition, termination of employment, debilitating illness or injury of a caretaker, and divorce or separation. When notified of changes the department must reassess the resource to determine if the home can remain provisionally approved.

5. Provisional approvals are limited to six (6) months during which time the home is to come into full compliance with the Minimum Standards for Foster Family Homes. Provisional approvals are nonrenewable. Once the home has fully complied with the Minimum Standards for Foster Family Homes it may be utilized for other foster children. Should the home fail to come into full compliance in the designated time the provisional approval will be revoked and the child in the agency's custody shall be removed immediately.

6. Therapeutic foster homes can not be provisionally approved.

Author: Jerome Webb

Ala. Admin. Code r. 660-5-28-.03

Effective October 11, 1983. Emergency amendment effective November 6, 1992. Amended: January 5, 1993; February 8, 1993. Amended: Filed July 8, 2002; effective August 12, 2002.

Statutory Authority:Code of Ala. 1975, Title 38; Title XX of the Social Security Act 42, U.S.C. 1397; Title IV-B and Title IV-E of the Social Security Act 42 U.S.C. 1302; and Indian Child Welfare Act of 1978 ( P.L. 95-608).