Current through Register Vol. 43, No. 02, November 27, 2024
(1)
Reduction of
Services. The level of services to be reduced when:
(a) Funding reductions make it necessary to
reduce the amount of service provided; or
(b) When necessary to coincide with the
individual's or family's current need for service as reflected by the case
plan; i.e., when part-time day care rather than full-time care becomes needed
or a decrease in the amount of homemaker service needed; or
(c) When an adult day care client meets the
definition of chronic absenteeism for a second time in one year.
(2)
Termination of
Services. Services are to be terminated when:
(a) Applicable to
all social
services1. There is agreement
between the individual or family and the agency that the goal has been
attained, or that for some other reason there is not longer need for any
services.
2. It is documented in
the case record that the agency has attempted to meet the need but has
determined that the individual or family will not benefit from services or that
the goal has been reached and/or there is no longer need for service.
3. The client who is capable of making the
decision, or his responsible relative or representative acting for him, no
longer wants services.
4. The
individual or family is no longer eligible for services.
5. The client's situation no longer meets the
criteria for service as specified in the Social Services plan.
6. The only service(s) being provided an
individual or family is being removed from the agency's Title XX plan or is no
longer available in the geographic area.
7. Funding reductions make it necessary to
terminate services.
8. Client
refuses to provide information necessary to redetermine eligibility.
(b) Applicable to
Child Day Care
1.
The client fails to pay required child-care fees and no payment agreement has
been established.
2. In addition
for a client receiving transitional day care services:
(i) Client terminates employment without good
cause;
(ii) Client fails to
cooperate with child support activities; or
(iii) The child(ren) for whom day care is
being provided leaves the home or is no longer dependent by
definition.
(c) Applicable to
Adult Day
Care1. The client in day care
for adults becomes disruptive to the program.
2. The client deteriorates to the point that
the client is not longer able to attend a day care program.
3. The client deteriorates to the point that
it is in the best interest of the client to move from his own home or community
to a more restrictive setting.
4.
Living arrangements change for a client receiving day care for adults; e.g., a
relative who can care for the client has moved into the home, or a member of
the household who had been employed decides to stay at home and take care of
the client or client moves to an area where a day care is not
available.
5. The client has
improved sufficiently that other community resources will meet the
needs.
6. The client meets the
definition of chronic absenteeism for the third time in one year. Chronic
absenteeism is defined as seven absences in one month or seven consecutive days
in a two-month period.
(d) Applicable to
Homemaker
Service for Adults
1. The client
becomes able to perform the essential task(s) the homemaker has been
performing.
2. There is a
responsible person who is able, willing and available to perform the tasks the
client needs to have done.
3. The
client's living arrangements change so that homemaker service is no longer
needed or appropriate.
4. The
homemaker's well-being is in jeopardy because of physical danger, contagious
disease or abusive treatment.
5.
The client needs care that cannot be provided in the home, and continuing
homemaker service contributes immediate danger for the client.
(e) Applicable to
Foster Care for Adults
1. Client has no money available to pay for
room and board.
2. Client is in
need of institutional care.
3.
Client recovers from infirmity and can live alone.
4. Client's mental and emotional condition
prevents the client from being cared for in the family setting.
(3)
Advance
Notice. Written advance notice to the client is required when
there is a reduction in the level of service or any service is being
terminated. The effective date of the reduction or termination of services will
be not less than ten (10) days after the date of notice except for situations
listed in Item (4) below. If the client exercises his right to appeal prior to
the effective date of the action, services may be continued until a final
disposition is made on the appeal.
(4)
Exceptions to Advance
Notice. Exceptional situations in which the ten-day advance notice
of reduction or termination is not required are as follows:
(a) A written statement is provided by the
recipient or authorized representative which specifies that services are no
longer needed or desired.
(b) The
recipient has moved to another county and services are being provided in that
county.
(c) The recipient has moved
to another state.
(d) The recipient
has moved and left no forwarding address and his whereabouts are unknown as
verified by return of agency mail.
(e) The recipient dies. Death must be
verified by death certificate, newspaper notice, contact with family,
physician, coroner, or funeral director.
(f) The child was removed from day care by
the parent or responsible relative and Department is notified either by the
parent, responsible relative or provider that the child is not
returning.
(g) The child of a JOBS
or transitional client was receiving self-arranged day care and the client is
no longer working or not participating in a JOBS activity.
(h) The adult has left day care or has been
removed by his responsible relative and the Department is notified in writing
either by the adult, responsible relative or provider that the adult is not
returning.
(i) The service was
authorized at a specific level or for a limited time period and at the time of
authorization, the client was given written notice that the service would be
reduced or end at a specified time.
Author:
Statutory Authority:42
U.S.C. §§
620 through
628,
§§
670
through
676, §§
1381
through
1383c,
§§
1397
through
1397f; 45
C.F.R. Part 96 ; P.L. 100-485, Titles II and III;
42 U.S.C. §§
602, 681 - 687; 45 C.F.R. Parts 250 and 255;
54 Fed. Reg. 42145-42267; Title XX Social Services State Plan; Code
of Ala. 1975, §
38-2-6, §§
38-7-1 through -17, §§
38-9-1 through -11; JOBS State
Plan and State Supportive Services Plan.