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Section 38-12-1
Section 38-12-1Definitions. THIS SECTION HAS BEEN ASSIGNED BY THE CODE COMMISSIONER. THIS SECTION HAS NOT BEEN CODIFIED BY THE LEGISLATURE OF ALABAMA.
As used in this chapter the following words shall have the following meanings:
(1) DEPARTMENT. State Department of Human Resources.
(2) FOSTER PARENT. Any person with whom a child in the care, custody, or guardianship of the department, is placed for temporary or long-term care, but shall not include any person with whom a child is placed for the purpose of adoption.
(Act 99-437, p. 864, §1.)Section 38-12-2
Section 38-12-2Program established.
(a) There is established a Kinship Foster Care Program in the State Department of Human Resources.
(b) When a child has been removed from his or her home and is in the care, custody, or guardianship of the department, the department shall attempt to place the child with a relative for kinship foster care. If the relative is approved by the department to provide foster care services, in accordance with rules and regulations adopted by the department regarding foster care services, and a placement with the relative is made, the relative may receive payment for the full foster care rate for the care of the child and any other benefits that might be available to foster parents, whether in money or in services.
(c) The department shall establish eligibility standards for becoming a kinship foster parent as follows:
(1) Relatives within the first, second, or third degree to the parent or stepparent of a child who may be related through blood, marriage, or adoption may be eligible for approval as a kinship foster parent.
(2) The kinship foster parent shall be 21 years of age or older, except that if the spouse or partner of the relative is 21 years of age or older and living in the home, and the relative is between 18 and 21 years of age, the department may waive the age requirement.
(Act 99-437, p. 864, § 2.)Section 38-12-3
Section 38-12-3Investigation of prospective kinship foster parent.
(a) A person may become a kinship foster parent only upon the completion of an investigation to ascertain if there is a state or federal record of criminal history for the prospective kinship foster parent or any other adult residing in the prospective foster parent's home.
(b) The Alabama Bureau of Investigation shall conduct the investigation and shall make the results of the investigation available to the department in accordance with this section. The department shall maintain the confidentiality of the investigation results and shall use the results only for purposes of determining a person's eligibility to become a kinship foster parent.
(c) It is unlawful, except for the purpose of determining a person's eligibility for kinship foster care, for any person to disclose information obtained under this section. Any person violating this section commits a Class A misdemeanor.
(Act 99-437, p. 864, §3.)Section 38-12-4
Section 38-12-4Case plan.
(a) The department shall determine whether the person is able to care effectively for the foster child by the following methods:
(1) Reviewing personal and professional references.
(2) Observing during a home visit of the kinship foster parent with household members.
(3) Interviewing the kinship foster parent.
(b) The department and the kinship foster parent shall develop a case plan for the foster care of the child. The plan shall be periodically reviewed and updated. If the plan includes the use of an approved daycare center or family daycare home, the department shall pay for child care arrangements, according to established rates.
(c) The kinship foster parent shall cooperate with any activities specified in the case plan for the foster child, such as counseling, therapy, court sessions, or visits with the foster child's parents or other family members.
(Act 99-437, p. 864, §4.)Section 38-12-5
Section 38-12-5Rules and regulations.
The department may adopt rules and regulations to carry out the provisions of this chapter.
(Act 99-437, p. 864, §5.)
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