Alabama Administrative Code
Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES
Chapter 660-5-42 - FOSTER CARE FOR ADULTS
Section 660-5-42-.06 - The Foster Family Home Requirements
Universal Citation: AL Admin Code R 660-5-42-.06
Current through Register Vol. 43, No. 02, November 27, 2024
(1) Requirements for the foster family home are as follows:
(a) The house shall meet
regulations regarding sanitation, fire protection and building safety of the
city or county in which it is located. The foster family home and grounds shall
be free from anything which constitutes a danger such as abandoned automobiles
and household appliances, uncovered wells and cisterns, stacked lumber with
exposed nails, and explosives. Safeguards must be provided against potential
hazards such as guns, poisons, medications, open fires and heaters.
(Inspections by the state or local fire department and by the state or local
health department shall be requested as determined necessary by the
Department.)
1. A smoke detector shall be
installed and maintained in operating condition within ten feet of each bedroom
and no more than 30 feet apart in hallways. In a two-story house (upstairs or
basement) a smoke detector shall be installed and maintained in operating
condition at the head of the stairway. It is the responsibility of the foster
care provider to maintain the smoke detector in operating condition.
2. A 2 A-10BC dry chemical fire extinguisher
no less than 5 pounds in weight shall be installed and maintained in operating
condition, in an accessible place in plain view, near room exits which provide
an escape route. It is the responsibility of the foster care provider to
maintain the fire extinguisher in operating condition.
3. If the foster family home has a private
swimming pool, inspections by the state or local health department shall be
requested as determined necessary by the Department or foster family. The
foster care provider shall make swimming pool inaccessible to the adult in
foster care except when supervised by individuals who have completed a basic
water safety course and have received training in Cardiovascular Pulmonary
Resuscitation (CPR).
(b)
All windows and doors shall be screened against insects unless the home is air
conditioned.
(c) The foster family
home shall be maintained in clean condition.
(d) All mobile homes shall conform to the
National Mobile Home Construction and Safety Standard Act of 1974. An aluminum
plate, permanently attached to the mobile home, will indicate conformity with
the 1974 Act. Mobile homes shall comply with anchoring and tie-down
requirements as specified in Code of Ala. 1975, §
24-5-30 through §
24-5-34.
(e) The foster family home shall be located
near churches, doctors, and medical facilities, stores, places of recreation,
etc. If this is not the case, a plan should be developed to secure access to
necessary transportation.
(f) Every
foster family home shall have reasonable access to a telephone. Arrangements
must be made for 24-hour access if there is no telephone in the foster
home.
(g) There must be provided
for each person in foster care a comfortable bed, sufficient drawer and closet
space for clothing and a reasonable amount of other possessions (keepsakes,
etc.), a comfortable chair, a table or desk. The area provided for the client
must be well-lighted, adequately ventilated, and comfortably heated and cooled.
If the person in foster care has physical limitations, the safeguards necessary
for his safety (for instance, guard rail on bathtub) must be provided. The
client shall not share a bedroom with a member of the provider's family.
Clients of the same sex may share the same room. A husband and wife can share
the same room.
(h) Unvented natural
gas heaters are prohibited in bedrooms and bathrooms. Unvented propane gas
space heaters equipped with oxygen depletion devices are permitted in foster
homes (including bedrooms and bathrooms) which are one- or two-family dwellings
if the heaters are installed in accordance with local and national gas codes as
verified to the Department by a written statement from a qualified
professional. This type heater is not allowed in manufactured homes (mobile
homes) or modular homes. No stove or combustion heater shall be so located as
to block escape in case of fire arising from malfunctioning of the stove or
heater.
(i) The foster family home
shall have adequate and appropriate facilities for the storage, protection, and
preparation of food.
(j) The foster
family shall provide the adult in foster care with wholesome, well-balanced
meals including meats or meat substitutes, vegetables, milk, fruits, cereal,
bread and dessert. Special diets, where prescribed or recommended by a
physician, shall be provided. A minimum of three meals per day will be
provided.
(k) The services and
facilities of the foster home shall be such that the person in foster care is
not taken advantage of and the emotional and physical needs of the person in
foster care are met in a way that will protect and promote the client's health,
safety, comfort, and well-being.
(l) A certificate of rabies vaccination shall
be on file in the home for any animal on the premises required by law to be
vaccinated. Animals posing a threat to the health or safety of an adult in
foster care shall be kept in an area inaccessible to the adult.
(2) The Foster Family:
(a) The foster care provider shall be of the
age of majority. For placements made on or after September 15, 1991, the foster
care provider shall be able to read and write.
(b) The foster family must be qualified to
provide foster care by virtue of training or experience. Specific training may
be required to meet the needs of particular clients.
(c) The foster family will be required to
provide names of people to serve as a reference. The County Department may
contact additional references which have not been provided by the foster
family.
(d) All members of the
foster household must be responsible people of good character and reputation
(as verified by references), and all of them must be willing to accept the
person in foster care into the home as a member of the family.
(e) All members of the household must be in
such physical and mental health as will not be harmful to the client. Since the
health of the provider/household members could pose a risk to some portion of
the client population to be served, a licensed practicing medical doctor's or a
physician assistant's (as defined in §
34-24-290(4),
Code of Ala. 1975) statement indicating whether each
member of the household is free of communicable and infectious disease and
physically fit to provide care is required. This statement or other
verification must include date and results of an Intradermal Tuberculin Test
(Mantoux) and if positive, date and results of a chest x-ray. Where there is
indication of possible disease, the members of the family must have tests
necessary to clear any question as to the health of the individual(s)
concerned; such tests are to be secured at the expense of the family. A new
medical must be obtained every four years on providers and household members
under 62 years of age or every two years on providers over 62 years of age. If
there is question about the health of the provider or a household member,
additional medicals may be requested.
(f) There is no restriction on the size of
the family that is to provide foster care for adults. A principal requirement
is that the home is able to meet the needs of the person in foster care. The
County Department must be immediately informed of any changes in the
composition of the household.
(g)
The foster family must be flexible in their attitudes and expectations towards
the adult in foster care. The foster family must be willing to show
understanding and patience. The family shall have the capacity and willingness
to give time and attention to the needs of the adult in foster care.
(h) If an adult is in care and the foster
family desires that other plans be made for the adult, the family plans to move
to another dwelling, or the family desires to relinquish the approval, the
family shall give a two-week notice to the County Department prior to taking
desired action.
(i) The foster
family shall notify the County Department before taking an adult in foster care
out of the county or state.
(j) The
foster family home must have sufficient income to meet its own needs; the room
and board payment made by the person in foster care will be used to meet the
participant's needs. Department of Human Resources service fee payments made to
the provider may be considered when determining whether the foster family has
sufficient income to meet its own needs.
(k) The foster family must not borrow money,
solicit, accept or receive gifts from the foster care participant or from the
participant's friends or relatives. Excluded is payment to the foster care
provider for room and board, service fee, and/or additional services and
supplies.
(l) The foster provider
may be employed outside the home if it is determined by the County Department
that such employment would not have a detrimental effect upon the client's
health or safety. A suitable substitute care plan must be submitted to the
Department for approval. The County Department must concur that the substitute
care plan provides for uninterrupted care and supervision. However, under no
circumstance is the caregiver for a client approved for Adult Foster Care Model
Waiver Services permitted to work outside of the home.
(m) If substitute care is needed, care may be
provided by an approved day health, day care, or day treatment program or by an
individual approved by the County Department as a substitute provider.
Substitute care which is provided in the foster care home may be provided by an
unrelated person who is a registered volunteer with the Department and is
providing care on a volunteer basis, or by a relative. The substitute provider
must agree to provide care in the absence of the provider in a manner which is
in compliance with the policies and procedures governing the foster care
program. The Department will meet with the potential substitute provider and
discuss the foster care standards, contact references who are not related to
the candidate for substitute provider, and complete medical information and
criminal records checks. The foster care provider is responsible for making
financial arrangements with the substitute provider. The foster care provider
must notify the County Department of the use of a substitute care plan,
regardless of the reason, for any absence of six or more hours.
(n) The foster family shall:
1. Accept supervision by the Department of
Human Resources so far as the welfare of the person in foster care is
concerned; and
2. Notify the agency
about unusual illness, accident or disturbing behavior of the person in foster
care.
3. If necessary, help the
person in foster care carry out prescribed medical plans.
4. If necessary, provide personal services
such as help with shaving, dressing, etc.
5. Provide or arrange for necessary
transportation to the doctor, mental health center, clinic, etc. The provider
must have a valid Alabama Driver License and vehicle liability insurance if
responsible for transporting a client.
(3) Character and Suitability Requirements
(a) No home can be approved where any adults
(or individuals tried as an adult) in the household has been convicted of a
crime (felony or misdemeanor) in this or another state at any time involving:
1. a sex-related crime. Such crimes include,
but are not limited to, sexual abuse, sexual exploitation, molestation, rape,
child pornography, sale or exhibition of obscene materials, sodomy, sexual
mischief, incest, enticement for immoral purposes, prostitution, pandering or
promoting prostitution, and obscenity; or
2. serious intentional, reckless or negligent
physical injury, danger or death of any person. Such crimes include, but are
not limited to, murder, homicide, manslaughter, assault with a weapon, reckless
endangerment, kidnapping, and unlawful imprisonment; or
3. a crime against a child. In addition to
those crimes listed above, such crimes include, but are not limited to,
abandonment, endangerment, nonsupport, assault; or
4. a crime against an adult in need of
protective services as defined in §
38-9-2, Code of Ala.
1975. Such crimes as defined in §
38-9-7, Code of Ala.
1975, include: intentional or reckless abuse or neglect causing
physical or serious physical injury or emotional abuse or exploitation;
or
5. major intrusion upon property
or use of weapon to secure property. Such crimes include, but are not limited
to, burglary and robbery; or
6.
arson; or
7. manufacture, sale,
distribution or possession of controlled substances, opiates, illegal,
addictive, or narcotic drugs. Such crimes include, but are not limited to,
convictions for the sale, distribution or possession of cocaine, heroin, LSD,
marijuana, or alcohol.
(b) Convictions for crimes other than those
listed will be evaluated to determine whether or not they constitute a danger
based on the seriousness of the crime, the existence of extenuating
circumstances, the propensity to recommit the crime, and evidence of
rehabilitation since the crime was committed.
(c) The character and suitability of an
individual foster care applicant/provider may also be assessed by a review of
the past history of the individual regarding their truthfulness and their
ability to care for clients. False or misleading statements made by the
individual to the Department or other government personnel regarding incidents
or events occurring while providing foster care or surrounding part of any
adult/child abuse or neglect investigation conducted by the Department, law
enforcement or other government officials are considered as evidence of
unsuitable character.
(d)
Exceptions:
1. On an individual basis, the
Adult Services Division may make an exception which will allow for the approval
of an application notwithstanding the facts that a household member has a
criminal conviction involving (1) major intrusion upon property or use of a
weapon to secure property (other than those crimes falling under the no
exception category) or (2) arson. An exception will only be given where there
is evidence of rehabilitation by the felon supported by credible documentation.
(i) Credible documentation includes:
(1) written statements from law enforcement
or community leaders;
(2)
statements regarding extenuating circumstances surrounding the crime and
indicating that the crime is not likely to recur in the future;
(3) statements regarding involvement in
community organizations or programs; or
(4) statements establishing successful
completion of a rehabilitation program indicating rehabilitation and a
propensity not to recommit the crime in the future.
2. On an individual basis, a
special committee established by the State Department of Human Resources may
grant an exception which will allow for the approval of an application
notwithstanding the fact that a household member has a criminal conviction
[other than to those crimes falling in the no exception category] for a (1) sex
related crime; (2) serious, intentional, reckless or negligent physical injury,
danger or death of any person; (3) a crime against a child; (4) a crime against
an adult in need of protective services as defined in §§
38-9-2 and
38-9-7, Code of Ala.
1975; or (5) the manufacture, sale, distribution or possession of
controlled substances, opiates or illegal, addictive or narcotic drugs.
However, due to the serious nature of these offenses certain conditions must
exist before a request for an exception will be evaluated. In the case of a
felony conviction, ten years must have elapsed since the sentence was served or
probation ended, whichever is later. In the case of a misdemeanor, five years
must have elapsed since the sentence was served or probation ended, whichever
is later.
(i) Request for exceptions will be
reviewed by a three person Exception Committee, none of whom has been involved
in the case. In addition to the information cited above, the Committee will
require evidence of rehabilitation supported by credible documentation.
Credible documentation includes:
(1) written
statements from law enforcement or community leaders;
(2) statements regarding extenuating
circumstances surrounding the crime and indicating that the crime is not likely
to recur in the future;
(3)
statements regarding involvement in community organizations or programs;
(4) statements establishing
successful completion of a rehabilitation program indicating rehabilitation and
a propensity not to recommit the crime in the future; or
(5) a pardon, if it exists. Furthermore,
additional information may be requested by the Committee, such as a medical
examination, drug screening, psychological evaluation or personal interview
with the County Department and applicant. A recommendation will be made by the
Exception Committee to the Adult Services Division Director for a final
decision.
(e) No exception will be granted where there
is a criminal conviction involving:
1. a
sex-related crime against a child or adult in need of protective services as
defined in §
38-9-2, Code of Ala.
1975; or
2. serious
intentional reckless or negligent physical injury or death of a child or adult
in need of protective services as defined in §§
38-9-2 and
38-9-7, Code of Ala.
1975.
Author: Patricia Brooks
Statutory Authority: Code of Ala. 1975, Title 38; Alabama Act 91-672. Title XX of the Social Security Act, 42 U.S.C. 1397.
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