Ala. Admin. Code r. 660-5-35-.09

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

Section 660-5-35-.09 - Children Moving With Foster/Adoptive Parents Between States

(1) The Compact is applicable when children in foster care relocate to another state with their foster family. This includes children who have been placed with adoptive parents and the adoption has not been finalized.

(2) If the relocation is planned to occur more than forty five days in the future, normal Compact procedures shall apply.

(3) Concurrence with the plan to relocate must be obtained from the court of jurisdiction when the child is in Alabama foster care. If the child is in foster care in Alabama pursuant to an Agreement for Foster Care, the DHR must obtain legal custody of the child prior to the relocation.

(4) SDHR may decline to provide a favorable determination for relocation to Alabama, pursuant to Compact Article III(d), if the Compact Administrator finds that the child's needs cannot be met under the circumstances of the proposed relocation.

(5) When the child is in foster care in another state and the plan is to relocate to Alabama with the foster family, that family must comply with Alabama laws promptly after their arrival in the State; apply to be an Alabama foster family home; and be approved according to Alabama's Minimum Standards for Foster Family Homes. The family's foster home study from the sending agency must be received and reviewed by SDHR. SDHR will recognize the sending agency's foster family training requirements if the training program from the other state is shown to be substantially equivalent to training offered for the same purpose in Alabama and the evidence submitted is in the form of an official certificate or other document identifying the training. Subsequent to the initial approval, the foster family home must be reapproved on an annual basis.

(6) At any time after the relocation it is determined that continued placement with the foster family is contrary to the child's best interest, the sending agency is responsible for immediately planning an alternative placement or the child's return to the sending state. For children in adoptive homes, this provision applies only when the adoption has not been finalized.

Author: Jerome Webb

Ala. Admin. Code r. 660-5-35-.09

New Rule: Filed April 4, 2001; effective May 9, 2001. Repealed and New Rule: Filed August 4, 2006; effective September 8, 2006.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, 38-7-15, 38-7-2(13), 44-2-20.