Alabama Administrative Code
Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES
Chapter 660-5-34 - PROTECTIVE SERVICES FOR CHILDREN
Section 660-5-34-.11 - Protective Services And The Court
Universal Citation: AL Admin Code R 660-5-34-.11
Current through Register Vol. 43, No. 02, November 27, 2024
(1) Use of Court Intervention.
(a) Court intervention is to be used when
there is an immediate danger of physical or emotional harm to a child; the
parents are unwilling or unable to provide for the child's safety; the child is
abandoned, left alone, or unsupervised; the child is left in situations where
an imminent risk of serious harm exists; or there has been an out of home
nonfoster care safety plan in place for ninety days.
(b) The Department must show immediate or
threatened harm to a child when seeking protective custody and requesting
summary removal. Summary removal is accepting care of a child pending a court
hearing.
(c) Parents should be made
aware that court intervention is possible and may become necessary if child
safety cannot be assured. They should also be informed of any decision for
court referral unless danger to a child's welfare might be expected to result
from such advance knowledge by parents.
(d) Cases are brought to the attention of the
court having juvenile jurisdiction by making a complaint to the intake officer
alleging facts sufficient to establish the jurisdiction of the court, and facts
which show the child to be dependent in accordance with the statutory
definition of a "dependent child".
(e) The parents, guardians, or custodians
shall be informed of their right to be represented by counsel and, upon
request, counsel shall be appointed when the parents are unable, for financial
reasons, to retain their own. The court shall also appoint counsel for the
child in dependency cases when there is an adverse interest between parent and
child; or where the parent is an unmarried minor; or the parent is or has been
married and is under the age of 18 years; or when counsel is otherwise required
in the interests of justice. The Department will request that the child be
represented by an attorney in every case where the Department is seeking
custody.
(f) An attorney shall be
appointed as a guardian ad litem to represent the rights, interests, welfare
and well being of the child in court proceedings.
(g) If, at the conclusion of the hearing, a
judge finds the child to be dependent, any of the following orders may be
entered to protect the welfare of the child:
1. Permit the child to remain with parents,
guardian, or other custodian subject to conditions and limitations as the court
may prescribe;
2. Place the child
under protective supervision of the Department of Human Resources;
3. Transfer legal custody to any of the
following:
i. A County Department of Human
Resources;
ii. A local public
childplacing agency or private organization or facility licensed by the
Department of Human Resources or otherwise authorized by law to receive and
provide care for dependent children;
iii. A relative or other individual, whom
after study by the Department of Human Resources, is found by the court to be
qualified to receive and care for the child.
4. Make such other order as the court in its
discretion shall deem to be for the welfare and best interests of the child;
or
5. In appropriate cases, award
permanent custody to the State Department of Human Resources or to a licensed
childplacing agency with termination of parental rights and authorization to
place for adoption.
(2) Protective Custody.
(a) Alabama statutes authorize a police
officer, law enforcement official, designated employees of the Department of
Human Resources, a person in charge of a hospital or similar institution, or a
physician treating a child to take custody of a child when conditions present
an imminent danger to the child's life or health. This action may be taken
without the consent of the parents or guardian. Under these provisions, a
physician or person in charge of a hospital may also keep such a child whether
or not additional medical treatment is required.
(b) If any employee of the Department (e.g.,
county director, supervisor, or worker) takes a child into protective custody
for emergency placement, the child must be, at a minimum, at imminent risk of
harm. The facts and reasons for the necessity of this action must be carefully
documented in the case record. Protective custody is to be used only in
emergency situations in which a law enforcement officer cannot be reached to
take a child into custody and the delay would put the child's life in immediate
and imminent danger.
(c) The County
Department of Human Resources and the court having jurisdiction over juveniles
must be notified immediately of any child taken into protective custody by any
of the other persons designated by law so that child protective proceedings may
be initiated.
(d) Protective
custody is not to exceed 72 hours. No person holding protective custody of a
child has legal sanction to do so after 72 hours have passed unless a temporary
custody order has been issued by a court of competent jurisdiction. The law
also provides that the director of the County Department of Human Resources may
give or cause to be given effective consent for medical, dental, health and
hospital services for any neglected or abused child during this 72 hour period
of protective custody. A petition must be filed and a hearing held within 72
hours (Saturdays, Sundays, and holidays included) to determine whether
continued custody is needed.
Author: Jerome Webb
Was previously 660-5-34-.09, renumbered as per certification filed September 4, 2003; effective October 9, 2003. Previous Rule 660-5-34-.10 was renumbered to .11 as per certification filed May 4, 2007; effective June 8, 2007.
Statutory Authority: Code of Ala. 1975, Title 12, Chapter 15, and Title 26, Chapter 14.
Disclaimer: These regulations may not be the most recent version. Alabama may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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