Ala. Admin. Code r. 660-5-35-.07
Current through Register Vol. 42, No. 11, August 30, 2024
Section 660-5-35-.07 - Regulation Number 7 Priority Placement(1) The following regulation adopted by the Association of Administrators of the Interstate Compact on the Placement of Children is declared to be in effect on and after July 2, 2001.(2) The proposed placement of a child from one state into another state may be made a priority by a court when specific circumstances apply to the child's case. These case situations are referred to as Regulation Number 7 priority placements.(3) A court order finding entitlement to a priority placement is valid only when it contains an expressed finding that one or more of the following circumstances exists in the child's case and sets forth the facts on which the court bases its finding. (a) The person with whom the child is proposed to be placed is a relative who could receive the child from another person without complying with ICPC according to Article VIII(a) of the Compact and the child is under two years old; or the child is in an emergency shelter; or the court finds that the child has spent a substantial amount of time in the home of the person with whom the placement is proposed.(b) The receiving state Compact Administrator has had the proper Compact documentation for over thirty business days, but the sending agency has not received a notice, according to ICPC Article III(d), determining whether the child may or may not be placed.(4) Regulation Number 7 priority placements shall not apply to any case in the sending state where the placement request is for licensed or approved foster family care or adoption; or the child is already in the receiving state in violation of the Compact.(5) The court shall send its order for priority placement to the sending agency within two business days. The order shall include the name, address, telephone number, and if available, the FAX number of the judge and the court. The court shall have the sending agency transmit, within three business days, the signed court order, a completed Compact form "Request for Placement" and supporting documentation according to ICPC Article III to the sending state Compact Administrator.(6) Within a time not to exceed two business days after receipt of the priority placement request, the sending state Compact Administrator shall transmit, by overnight mail, the priority request and its accompanying documentation to the receiving state Compact Administrator together with a notice that the request for placement is entitled to priority processing. The receiving state Compact Administrator shall make a determination according to ICPC Article III(d) as soon as possible, but no later than twenty business days from the date the overnight mailing was received, and return the completed Compact form "Request for Placement" and supporting documentation by FAX to the sending state Compact Administrator.(7) If the receiving state Compact Administrator fails to complete actions described in 660-5-35-.07 -(5) within the time period allowed, the receiving state is deemed to be out of compliance with ICPC. If there appears to be a lack of compliance, the court that entered the priority order may inform an appropriate court in the receiving state, provide that court with copies of relevant documentation in the case, and request assistance. Within its jurisdiction and authority, the requested court may render assistance, including the entering of appropriate orders, for the purpose of obtaining compliance with ICPC and Regulation Number 7 priority placement.(8) The action in 660-5-35-.07 -(6) shall not apply if: (a) within two business days of receipt of the ICPC priority placement request, the sending state Compact Administrator determines that the documentation is substantially insufficient; specifies that additional information is needed; and requests the additional documentation from the sending agency. The request shall be made by FAX or by telephone if FAX is not available; or(b) within two business days of receipt of the ICPC priority placement request, the receiving state Compact Administrator notifies the sending state Compact Administrator that further information is needed. Notice to the sending state shall specifically detail the information needed. For a case in which this situation applies, the twenty business day period for the receiving state Compact Administrator to complete action shall be calculated from the date the requested information is received by the receiving state Compact Administrator.(9) Where the sending state court is not itself the sending agency, it is the responsibility of the sending agency to keep the court, which issued the priority order, informed of the status of the priority request.(10) Priority placement time periods may be modified with a written agreement between the court which made the priority order, the sending agency, the receiving state Compact Administrator, and the sending state Compact Administrator. modification to the time period shall apply only to the single. Any case to which it is addressed.(11) Interstate cases must be processed no less quickly than intrastate cases and given no less attention to interstate hardship cases than to intrastate hardship cases. If in doing so, a receiving state compact Administrator finds that extraordinary circumstances make it impossible to comply with priority placement time periods, strict compliance may be excused. However, the receiving state Compact Administrator shall, within two business days of ascertaining inability to comply, notify the sending state Compact Administrator via FAX of the inability to comply and shall set forth the date on or before which it will complete the needed action. The notice shall contain a full identification and explanation of the extraordinary circumstances which are delaying compliance.(12) Unless otherwise required or allowed by this rule, all transmittals of documents or other written materials shall be by overnight express mail carrier service. Author: Jerome Webb
Ala. Admin. Code r. 660-5-35-.07
New Rule: Filed April 4, 2001; effective May 9, 2001. 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.