Ala. Admin. Code r. 660-5-34-.11
Current through Register Vol. 43, No. 1, October 31, 2024
Section 660-5-34-.11 - Protective Services And The Court(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; or5. 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
Ala. Admin. Code r. 660-5-34-.11
Effective October 11, 1983. Amended rule (Formerly 660-5-34-.04, repealed effective August 11, 1988), readopted effective August 11, 1988. Amended: Filed February 4, 2003; effective March 11, 2003. Repealed and New Rule: Filed September 4, 2003; effective October 9, 2003. Repealed and New Rule: Filed June 2, 2006; effective July 7, 2006. Amended: Filed December 5, 2006; effective January 9, 2007. Repealed and New Rule: Filed May 4, 2007; effective June 8, 2007. 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.