Alabama Administrative Code
Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES
Chapter 660-5-2 - SOCIAL SERVICES PLAN
Section 660-5-2-.09 - Proposed Categories Of Services

(a) Adoption Services (also provided through Title IV-B)--Services provided on behalf of a child who is legally free for adoption, inclusive of recruitment and study of prospective adoptive homes, placement of the child, supervision of the child, and other post-placement services; legal services; reporting to the court and supervision of a child for whom an adoption petition has been filed in Probate Court; purchase of adoption placement services for children with special needs; and information and referral;

(b) Day Care for Adults - A program of care for a portion of a 24-hour day in a protective setting for the individual (1) who is at risk of abuse, neglect, or exploitation or (2) who is at risk of institutionalization. Service includes medical examination (when not available without cost to the Department) to determine appropriateness of service; casework and services to assure placement appropriate to the need of individuals served; Information and Referral and Counseling with the provider of care; service includes meals and may include transportation. If termination or reductions are necessary due to funding reductions, the person most recently authorized with the lowest priority will be the first terminated or reduced. (NOTE: When two or more adults on the waiting list have the same priority, the "date of request" will be used to determine which has priority.) Full-time adult day care services are not available for residents of group living arrangements serving four or more unrelated individuals;

(c) Day care for Children--Provision of counseling, including information and referral, and care for a portion of a 24-hour day. Service includes developmental programs, nutritious meals, and physical examinations prior to admission in accordance with requirements of minimum standards (if such examinations are not available without cost to the Department). Purchase of service is limited to:

(d) Day Care for the Physically and/or Mentally Handicapped--Day Care for the Physically and/or Mentally Handicapped includes habilitative and rehabilitative services for the physically and/or mentally handicapped in a group setting away from a home for a portion of a 24-hour day. This service will provide training in education, communication, functional living skills, and social functioning. Day Care for the Physically and/or Mentally Handicapped is available to individuals 6-17 only during periods outside the regular public school year. Individuals 18-20 may be served only when they are not eligible to receive services through the LEA. Transportation, daily meals and snacks may be included. Physical examinations and D & E services may be provided if not available without cost to the Department. Day Care for Physically and/or Mentally Handicapped will be available to school-age children (6-17) only during periods outside the regular public school year; (2) be diagnosed mentally retarded by medical or other diagnosis with preference for services made to persons with moderate and below diagnosis of mental retardation, with the family's need for the service taken into consideration. When waiting lists must be established, the degree of retardation and date of request for service will be used to establish waiting lists. If terminations are necessary due to funding reductions, the persons most recently authorized will be the first terminated. If they continue to be eligible for the service, those terminated will go to the top of the waiting list.

(e) Foster Care for Adults--Service provided in private approved homes on a 24-hour basis for persons who are in need of residential care in a family setting. It serves the individual who is (1) at risk of abuse, neglect or exploitation; or (2) at risk of institutionalization and is unable to live in his or her own home and whose family is unable to meet the client's needs because of distance, ill health, estrangement, or the family's inability to provide adequate care. Foster care placement may be arranged after a protective services investigation reveals the client cannot protect himself from abuse, neglect, or exploitation. Service includes medical examination (when not available without cost to the Department) to determine appropriateness of services; Information and Referral; casework services to assure placement appropriate to the need of individuals being served, proper care, continuing appropriateness of foster care; legal services; case planning and monitoring of service delivery with the provider of care; limited transportation; recruitment and study of foster homes; diagnostic and evaluation services and mental health counseling. Also includes payment for specialized foster care services provided under certain conditions for adult with physical, mental, or emotional or behavior problems who are not eligible for State Supplementation. Service does not include payment for room and board, and client must have sufficient resources to pay this cost. Portions of this service are also provided under State Supplementation program;

(f) Foster Care for Children--Services for children outside of their own homes on a 24-hour basis in a licensed or approved facility include: diagnosis and evaluation; counseling with parents, relatives, child, provider of foster care; Information and Referral; recruitment and study of foster care resources; legal services; purchase of social services for children in licensed or approved child care facilities; and transportation for children returned to this state and from this state to another state pursuant to placement agreements. Transportation and recreational services may be included in purchase of service contracts. Payment may be made for specialized foster care services in foster homes for children with physical, mental, emotional or behavioral problems. Portions of this program are available under the State Supplementation program;

(g) Handicapped Children Services from funds dedicated or appropriated or allocated by law especially for services to handicapped children. Funds may be dedicated, appropriated or allocated by law or ordinance or by private donation, grant or from other sources. The provision of this service is restricted by the law, ordinance or criteria under which funds are made available. Application, income scales and fees, service availability, priorities for services, waiting list and other requirements of Rule Chapter 660-5-2 and Rule Chapter 660-5-3 apply to Handicapped Children Services. The definition of "handicapped" is the same as the definition of "disability" under the federal Americans with Disabilities Act of 1990, 42 U.S.C. §12102(2) ( 29 C.F.R. §16302(g) ) and the definition of "individual with handicaps" under the federal Rehabilitation Act of 1973. 29 U.S.C. §705(20)(A) and (B) and federal regulations implementing the Americans with Disabilities Act which define a disability in terms of a physical or mental impairment substantially limiting a major life activity. 29 C.F.R. §1630.2(i) and (j). A "physical impairment" is any physiological disorder, condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, muscular-skeletal, special sensory organs (including speech organs), respiratory, cardiovascular, reproductive, digestive, genito-urinary, hemic and lymphatic, skin, and endocrine. 28 C.F.R. § 36.104, 29 C.F.R. § 1630(2)(h)(1). A "mental impairment" is any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. 28 C.F.R. §36.104; 29 C.F.R. §1630(2)(h)(2).

(h) Homemaker Services for Adults--Assistance provided in managing and keeping in operation the home of the individual who is (1) at risk of abuse, neglect, or exploitation and for whom homemaker services is the least restrictive method by which such protection can be provided or (2) at risk of institutionalization. When waiting lists must be established for recipients for the service, these same criteria will be used (in order listed) for removing names from the waiting when the service becomes available. Service may include help in bathing and dressing when the county department has documentation that the homemaker has successfully completed training to perform these tasks; limited transportation; casework related to the need for acceptance of an appropriate use of service, and Information and Referral. (NOTE: When two or more adults on the waiting list have the same priority, the "date of request" will be used to determine which has priority.) If terminations or reductions are necessary due to funding reductions, the person most recently authorized with the lowest priority will be the first terminated or reduced. Those terminated or reduced will go to the top of the waiting list.

(i) Homemaker Services for Children--Assistance provided by homemakers to help families with children by teaching them good methods of home management, child care and personal care; and by managing and keeping the family's home in operation including the provision of supplemental care of the children when the parent, responsible relative, or foster parent is disabled, temporarily unable to provide such care. Service also includes casework service relating to the need for, acceptance of, and appropriate use of the service, and Information and Referral. If termination or reductions are necessary due to the funding reductions, the person most recently authorized will be the first terminated or reduced unless this is a protective service case. Homemaker Services for Children is not available in all counties. However, Waivered Homemaker Services will be available when a child who is an SSI or State Supplementation recipient has been approved for Waivered Services by the Alabama Medicaid Agency and who without the provision of Homemaker Services would require nursing home care, and a child who is an SSI or a State SUP recipient whose physician has certified that the recipient would be in need of ICF or SNF care, and whose application for Waivered Services is pending a determination by Medicaid;

(j) Preventive and Supportive Services--Casework to assist individuals and families in: making appropriate use of physical and mental health resources; counseling and referrals for family planning; counseling unmarried parents; preventing unnecessary institutional care; improving nutrition; improving living arrangements; making the best use of income and resources; improving parenting, individual functioning, and communication skills; removing barriers to employment service; and providing Information and Referral. Services may include legal representation in those situations involving CHINS (Children in Need of Supervision);

(k) Protective Services for Adults--Services including case management directed toward preventing or remedying neglect, abuse, or exploitation of individuals 18 years of age or older who are unable to protect their own interests, or are harmed or threatened with harm through the action or inaction by another individual or through their action due to ignorance, incompetence or poor health, if such action or inaction results in:

(l) Protective Services for Children--Services directed toward preventing or remedying abuse, neglect, or exploitation of children under the age of 18 years of age unable to protect their own interests or harmed or threatened with harm by a person responsible for the individual's health or welfare (and for runaways) through:

(m) Residential Care Services for Delinquent Children and Youth--This service, provided in a residential setting, includes the provision of supervision; counseling and training related to vocational, academic and adjustment needs; and Information and Referral. Transportation, physical examinations, essential clothing and chemotherapy to alleviate behavioral or emotional problems which contribute to placement in the facility are also provided. In addition to services, room and board for a period not to exceed six months is available. Service also includes casework service relating to the need for, acceptance of, and appropriate use of the service. (NOTE: When room and board and/or physical examinations and chemotherapy are provided, they are an integral but subordinate part of the service.);

(n) Residential Care for Individuals with Exceptional Needs--The provision of services in a residential setting including comprehensive care, counseling and training for individuals with emotional, behavioral, and physical handicaps, or those with adjustment problems such as "child in need of supervision." Also included are supervision, diagnosis and evaluation, transportation, counseling related to adjustment problems, education, recreation and socialization training, essential clothing, and Information and Referral. Education services are available to all individuals during periods outside of the regular school year. Chemotherapy to alleviate behavioral or emotional problems which contribute to the placement in the facility and physical examinations are provided. In addition to services, room and board for a period not to exceed six months is available. (NOTE: When room and board and/or physical examinations and chemotherapy are provided, they are an integral but subordinate part of the service.)