Ala. Admin. Code r. 660-5-34-.06

Current through Register Vol. 43, No. 1, October 31, 2024

Section 660-5-34-.06 - Safety Assessment

(1) Determining Safety of Children.

(a) Protecting children is the primary role of the Department's child welfare program. The social work practice method is to assess whether children are safe and to intervene when they are not. Children are considered safe when there are no present or impending danger threats or the parent's/caregiver's protective capacities control existing threats. Children are unsafe when they are vulnerable to present or impending danger threats and parents/caregivers are unable or unwilling to provide protection. Present danger threats are easily observable, cause imminent concern and require immediate action to insure the safety of the child. Impending danger threats are less obvious, more challenging to identify and require as much information as necessary to determine if safety threats exist.

(b) Safety threshold is a certain point at which the threats become so great, the family situation is unsafe for the child. In order for a present or impending threat to meet the safety threshold, causing a child to be unsafe, each of the following items must exist.

1. Severity - The threat is consistent with harm that can result in significant pain, serious injury, disablement, grave or debilitating physical health or physical conditions, acute or grievous suffering, terror, impairment, or death.

2. Vulnerability - Child's dependence upon others for protection is based on an assessment of a child's age, as well as his or her physical and mental health.

3. Out-of-Control Family conditions are such that nothing within the family can manage the behavior, emotion, or situation causing the safety threat.

4. Specific Time Frame - Threats to child safety are present, likely to become active soon or there is a certainty about occurrence within the immediate to near future that could have severe effects on a child.

5. Observable and Specific - Facts obtained indicate that the danger to the child is real.

(c) Parents'/caregivers' protective capacities are assessed. Protective capacities are qualities and characteristics that contribute to a parent's/caregiver's ability to protect the child.

(d) After present and impending safety threats are assessed and the parents'/caregivers' protective capacities are assessed, a decision is made whether children are safe. If present or impending safety threats are identified, a safety plan is developed to control and monitor the safety threats.

(2) Developing Safety Plans.

(a) Safety plans are developed to protect children from safety threats when the parents'/primary caregivers' protective capacities are insufficient. Safety plans are based on identifiable safety threats and coupled with diminished parental/primary caregiver protective capacities which place the child at present or impending danger. Safety plans shall use the least restrictive alternative for protecting the child, and any outofhome placements shall be in the least restrictive, most familylike setting that can offer safety and meet the children's individualized needs. When developing an "inhome" or "out-of-home (nonfoster care)" safety plan, the person responsible for protecting the children can be either a professional or nonprofessional (e.g., family member, relative neighbor), and must be cleared through the Central Registry when evaluating protective capacities.

(3) Types of Safety Plans.

(a) There are three (3) types of safety plans that are based on children's living arrangement:

1. In-Home - Safety plans designed to provide protection for children living in their own homes. Services are provided in the home to control safety threats by substituting for diminished parental/caregiver protective capacities.

2. Out of Home (Non- Foster Care) Safety plans designed to provide protection for children whose parents, legal custodians, or primary caregivers agree for them to live temporarily with others (e.g., relatives, neighbors, friends). The agreement is made between the parents, legal custodians or primary caregivers, the child welfare staff and the person responsible for providing protection. The home of the person providing protection does not have to be approved as a foster family home. As part of the safety plan approval process, child welfare staff shall make a visit to the home prior to the child being placed, except in emergency situations, in which case a home visit is made no later than the next calendar day or with supervisory approval the next working day. The maximum timeframe that an Out-of-Home Non-Foster Care safety plan can be in place without court involvement is ninety (90) days. Court involvement occurs either by filing a dependency petition or initiating contact with legal counsel to start legal action. Based on individual assessments, there are situations in which the 90 day timeframe is not appropriate and earlier court involvement becomes necessary.

3. Out-of-Home (Foster Care) is a safety plan intervention designed to provide protection for children in licensed/approved placements (e.g., foster family homes, shelters) pursuant to a court order granting DHR protective or temporary custody. This safety plan intervention is used when children are at imminent risk of serious harm; the parent or primary caregiver is unable or unwilling to provide protection; and it is not possible to protect children through a less intrusive means.

(4) Summary Removal and Protective Custody When children need immediate outofhome foster care to assure their safety, a summary removal may be used. Summary removal occurs when law enforcement or the Department of Human Resources removes children from parental care or custody without a court order; or the court issues a pickup order for the children. If the removal occurs without a pick up order, child welfare staff must notify the court and file a dependency petition the next working day. A preliminary hearing (shelter care hearing) must be held to determine whether continued out of home care is needed within 72 hours of the summary removal/pick up order.

Author: Jerome Webb

Ala. Admin. Code r. 660-5-34-.06

New Rule: Filed May 4, 2007; effective June 8, 2007.

Statutory Authority:Code of Ala. 1975, Title 12, Chapter 15, Title 26, Chapter 14, and Title 26146; R.C. v Walley, No 88H1170N, Consent Decree (M.D. Ala. Approved December 18, 1991).