Current through Register Vol. 42, No. 5, February 29, 2024
(1) Introduction.
(a) The Department of Human Resources is
mandated to seek out and aid minor children in the state who are in need of its
care and protection, and protective services shall be made available in an
effort to prevent further abuse and neglect, and to safeguard and enforce the
general welfare of such children.
(b) Child protective services staff are
responsible for intervening when individuals contact DHR to report what they
consider abuse/neglect, but the information provided does not rise to the level
of child abuse/neglect according to statutory and Departmental definitions; or
is insufficient to determine whether a CA/N report exists.
(c) When the intake information reveals the
children may be at risk of maltreatment, the information is considered a "CPS
Prevention Referral" and an evaluation of the child/family situation is
required. The evaluation process is known as a "CPS Prevention
Assessment."
(d) "Risk of
Maltreatment" is defined, for purposes of this policy, as family conditions or
circumstances that, if left unchanged, can cause child abuse/neglect.
(e) The CPS Prevention process is designed to
determine if ongoing protective services are needed to prevent child
maltreatment.
1. Children To Whom The Policy
Applies Children under age eighteen (18) years whose family
conditions/circumstances appear to be presenting a risk of maltreatment and the
conditions/circumstances do not constitute child abuse/neglect per CA/N
Allegations and Definitions; children who would be considered abused/neglected
except for the fact that the person allegedly responsible is under age fourteen
(14) years; and children for whom school personnel have reported concerns,
other than school attendance, that indicate there may be a risk of
maltreatment.
2. Confidentiality -
Information contained in CPS Prevention referrals and assessments is
confidential and can only be released when there is a court order authorizing
the release under the parameters set by the court order and according to
Alabama law. CPS Prevention information may be shared with district attorneys
and law enforcement only when a court order or grand jury subpoena specifically
authorizes such sharing.
(2) CPS Prevention Intake - To the extent
possible, thorough and complete information about a child's and family's
circumstances/conditions is obtained from the person making the referral. When
situations are not appropriate for intervention by the Department, referral
information on other community resources is provided.
(3) CPS Prevention Assessment CPS Prevention
assessment is designed to determine whether family conditions and circumstances
are presenting risks that are significant enough to warrant ongoing services to
prevent child maltreatment. The county in which the children are currently
living is responsible for conducting the CPS Prevention assessment.
(a) Initial contact shall be made with
children identified as at risk of maltreatment as quickly as the intake
information warrants, but no later than five (5) calendar days from the
referral's receipt.
(b) CPS
Prevention assessments shall be completed within ninety (90) days from the date
the intake information is received.
(c) Required Interviews - Inperson interviews
shall be conducted with parents and primary caregivers and all children
identified as being at risk of maltreatment.
(d) Required Information - Child welfare
staff must collect information to determine the safety and wellbeing of the
identified children and whether there is significant risk of maltreatment to
warrant ongoing protective services.
(4) Analysis and Decision Making - CPS
Prevention analysis and decisionmaking involves analyzing parents' or primary
caregivers' protective capacities; determining to what extent parents or
primary caregivers are able and willing to control threats and manage risks;
and determining if identified risks are significant enough to warrant ongoing
services in order to prevent maltreatment.
(5) Need for On Going Child Protective
Services - Ongoing services are provided when the CPS Prevention assessment
reveals a significant risk of maltreatment. Significant risk of maltreatment is
defined as conditions or circumstances revealed during the CPS Prevention
assessment that are likely to cause abuse/neglect if ongoing services are not
provided to the child/family. The provision of ongoing services is voluntary
unless a safety threat exists or services have been court ordered. When the CPS
Prevention assessment reveals the children are safe, no significant risks have
been identified, and the parents or primary caregivers have protective
capacities sufficient to protect the children, the provision of ongoing
services is not necessary.
Author: Jerome Webb
Previous Rule
660-5-34-.12
was renumbered to .13 as per certification filed May 4, 2007; effective June 8,
2007.
Statutory Authority:
Code of Ala.
1975, Title 38, §26(10); Title 26, §142; Title 38
§26(8).
