Current Through April 2016

Circumstances That Constitute Witnessing

This issue is not addressed in the statutes reviewed.

Consequences

This issue is not addressed in the statutes reviewed.

Current Through February 2016

Physical Abuse

Citation: Ann. Laws § 26-8A-2‘Abused or neglected child’ means a child:

• Whose parent, guardian, or custodian has subjected the child to mistreatment or abuse
• Who was subject to prenatal exposure to abusive use of alcohol, marijuana, any controlled drug, or a substance not lawfully prescribed by a practitioner

Neglect

Citation: Ann. Laws § 26-8A-2The term ‘abused or neglected child’ includes a child:

• Who lacks proper parental care through the actions or omissions of the child’s parent, guardian, or custodian
• Whose environment is injurious to the child’s welfare
• Whose parent, guardian, or custodian fails or refuses to provide proper or necessary subsistence, supervision, education, medical care, or any other care necessary for the child’s health, guidance, or well-being
• Who is homeless, without proper care, or not domiciled with the child’s parent, guardian, or custodian through no fault of the child’s parent, guardian, or custodian
• Whose parent, guardian, or custodian knowingly exposes the child to an environment that is being used for the manufacture, use, or distribution of methamphetamine or any other unlawfully manufactured controlled drug or substance

Sexual Abuse/Exploitation

Citation: Ann. Laws § 26-8A-2The term ‘abused or neglected child’ includes a child who is subject to sexual abuse, sexual molestation, or sexual exploitation by the child’s parent, guardian, custodian, or any other person responsible for the child’s care.

Emotional Abuse

Citation: Ann. Laws § 26-8A-2The term ‘abused or neglected child’ includes a child who has sustained emotional harm or mental injury as indicated by an injury to the child’s intellectual or psychological capacity, as evidenced by an observable and substantial impairment in the child’s ability to function within the child’s normal range of performance and behavior, with due regard to the child’s culture.

Abandonment

Citation: Ann. Laws § 26-8A-2
The term ‘abused or neglected child’ includes a child whose parent, guardian, or custodian has abandoned the child.

Standards for Reporting

Citation: Ann. Laws § 26-8A-3
A report is required when a mandatory reporter has reasonable cause to suspect that a child has been abused or neglected.

Persons Responsible for the Child

Citation: Ann. Laws § 26-8A-2Responsible persons include a child’s parent, guardian, or custodian.

Exceptions

No exceptions are specified in statute.

Current Through August 2013

Defined in Domestic Violence Civil Laws

Citation: Ann. Stat. § 25-10-1‘Domestic abuse’ means physical harm, bodily injury, attempts to cause physical harm or bodily injury, or the infliction of fear of imminent physical harm or bodily injury between family or household members.

Any violation of § 25-10-13 (violation of a protection order) or chapter 22-19A (kidnapping), or any crime of violence as defined in § 22-1-2(9) constitutes domestic abuse if the underlying criminal act is committed between family or household members.

Defined in Child Abuse Reporting and Child Protection Laws

Citation:This issue is not addressed in the statutes reviewed.

Defined in Criminal Laws

Citation:This issue is not addressed in the statutes reviewed.

Persons Included in the Definition

Citation: Ann. Stat. § 25-10-1‘Family or household members’ means:

• Spouses or former spouses
• Persons related by consanguinity, adoption, or law
• Persons living in the same household
• Persons who have lived together
• Persons who have had a child together

Current Through June 2013

Confidentiality of Records

Citation: Ann. Stat. § 26-8A-13All investigative case records and files relating to reports of child abuse or neglect are confidential, and no disclosure of any such records, files, or other information may be made except as authorized in chapter 26-7A or this chapter.

Persons or Entities Allowed Access to Records

Citation: Ann. Stat. § 26-8A-13The Department of Social Services may release records to the following parties when it is necessary in the performance of official functions:

• The attorney general, the State’s attorneys, law enforcement agencies, protective services workers, and judges of the courts investigating reports of known or suspected child abuse or neglect
• The attorney or guardian ad litem of the child who is the subject of the information
• Public officials who require the information in connection with their official duties
• Institutions and agencies that have legal responsibility or authorization to care for, treat, or supervise a child who is the subject of the information
• An adoptive parent of the child who is the subject of the information or report
• A foster parent, kinship provider, or prospective adoptive parent who is or may be caring for a child in the custody of the Department of Social Services who is the subject of the report
• A State, regional, or national registry of child abuse and neglect cases and courts of record of other States
• A child protection team
• A physician who is caring for a child whom the physician reasonably suspects may be abused or neglected
• State hearing examiners and any person who is the subject of the report
• A person eligible to submit an adoptive home study report for the purpose of screening applicants

Information received by an authorized receiving party shall be held confidential by the receiving party. However, the court may order the release of the information or any portion of it necessary for determination of an issue before the court.

When Public Disclosure of Records is Allowed

Citation: Ann. Stat. § 26-8A-13Upon written request, the Department of Social Services shall release findings or information regarding the abuse or neglect of a child that resulted in a fatality or near fatality of the child unless the release of the findings or information would jeopardize a pending criminal investigation or proceeding. The findings or information to be released shall relate to the acts of child abuse or neglect that caused the fatality or near fatality of the child. However, the identity of the child may never be released.

Use of Records for Employment Screening

Citation: Ann. Stat. §§ 26-8A-12.1; 26-8A-12.2; 26-8A-12.3Upon receipt of a list of names of current or potential employees from a Head Start program director or the name of any person being considered as an adoptive or foster parent from a certified social worker, the Department of Social Services shall compare the list to the central registry for abuse and neglect and report any findings to the requesting program director or social worker.

Upon receipt of names of current or potential employees or volunteers from the Juvenile Division of the Department of Corrections, any adolescent treatment program operated by the Department of Human Services, any entity administering a court-appointed special advocate program, or a court considering appointment of a guardian ad litem for a child, the department shall compare the names to the central registry for abuse and neglect and report any findings to the requesting program director, to the Bureau of Human Resources human resource manager, or to the court.

Upon the receipt of a written request from a child welfare agency, the department shall conduct a check of the central registry for child abuse and neglect for foster care, adoption, or employment applicants and shall provide the results to the requesting agency. Further, upon written request from an agency that provides child welfare services for a federally recognized Tribe, the department shall conduct a check of the central registry for child abuse and neglect for foster care or adoption applicants and shall provide the results to the requesting Tribal agency.

Current Through March 2015

Citation: Codified Laws § 26-8A-14

Any person or party participating in good faith in making a report or submitting copies of medical examination, treatment, or hospitalization records pursuant to the reporting laws is immune from any liability, civil or criminal, that might otherwise be incurred or imposed and has the same immunity for participation in any judicial proceeding resulting from the report.

Immunity also extends in the same manner to persons requesting the taking of photographs and x-rays pursuant to the reporting laws, to persons taking the photographs and x-rays, to child protection teams established by the Secretary of Social Services, to public officials or employees involved in the investigation and treatment of child abuse or neglect or making a temporary placement of the child pursuant to this chapter, or to any person who in good faith cooperates with a child protection team or the Department of Social Services in an investigation, placement, or treatment plan.

The provisions of this section or any other section granting or allowing the grant of immunity do not extend to any person alleged to have committed an act or acts of child abuse or neglect.

Current Through February 2013

Individual Responsibility to Report

Citation: Ann. Laws § 26-8A-3A mandated reporter who has reasonable cause to suspect that a child younger than age 18 has been abused or neglected shall report that information as required by law. Any person who knows or has reason to suspect that a child has been abused or neglected may report that information.

Content of Reports

Citation: Ann. Laws § 26-8A-10The report to the department shall include:

• The child’s name, address, date, and place of birth
• The name and address of the child’s parents, guardian, custodian, or responsible persons
• The date of the report
• Suspected or proven instances of abuse

Reporting Suspicious Deaths

Citation: Ann. Laws § 26-8A-4Any person who has reasonable cause to suspect that a child has died as a result of abuse or neglect shall report that information to the medical examiner or coroner. Upon receipt of the report, the medical examiner or coroner shall cause an investigation to be made and submit written findings to the State’s attorney and the Department of Social Services.

Reporting Substance-Exposed Infants

Citation:This issue is not addressed in the statutes reviewed.

Agency Receiving the Reports

Citation: Ann. Laws § 26-8A-8Reports required from mandated reporters shall be made immediately orally by telephone or otherwise to the State’s attorney, the Department of Social Services, or a law enforcement officer.

Initial Screening Decisions

Citation: Admin. Code § 67:14:30:02Children eligible for child protective services are those children younger than age 18 who are alleged or determined to be unsafe because the individuals responsible for the children’s care are unable or unwilling to keep the children safe from harm or threats of harm and children who are abused or neglected as defined in statute.

Agency Conducting the Assessment/Investigation

Citation: Ann. Laws § 26-8A-9Upon receipt of a report, the department or law enforcement officers shall investigate.

Assessment/Investigation Procedures

Citation: Ann. Laws § 26-8A-9; Admin. Code § 67:14:30:06Investigating personnel may personally interview a child out of the presence of the child’s parents, guardian, or custodian without advance notice or consent. If the investigation and report indicate that child abuse or neglect has occurred, the State’s attorney shall take appropriate action immediately.

In regulation: The department shall provide for 24-hour receipt of reports of child abuse or neglect through agreements with law enforcement agencies, hospitals, courts, or other community-based human service agencies. The department shall provide immediate or prompt investigation of situations in which a child is alleged to be in need of protective service by reason of a report to the department by a State’s attorney or by any person who shall or may make a report under the reporting laws.

If a report received by the department implicates involvement of a foster parent or person employed by the department, the department shall request an investigation by the State’s attorney. The department shall offer protective service to the family and may make referral to the court of competent jurisdiction upon confirmation of need for child protection service.

Timeframes for Completing Investigations

Citation:This issue is not addressed in the statutes and regulations reviewed.

Classification of Reports

Citation: Ann. Laws § 26-8A-11A person’s name may be placed on the central registry for child abuse and neglect based upon a substantiated investigation. If an investigation cannot substantiate the abuse, the report will be classified as unsubstantiated. The department may not maintain a record or other information of unsubstantiated child abuse and neglect for longer than 3 years if there has been no further report within that 3-year period.

Current Through August 2015

Professionals Required to Report

Citation: Codified Laws § 26-8A-3Mandatory reporters include:

• Physicians, dentists, osteopaths, chiropractors, optometrists, podiatrists, hospital interns or residents, nurses, or coroners
• Teachers, school counselors or officials, or licensed or registered child welfare providers
• Mental health professionals or counselors, psychologists, social workers, chemical dependency counselors, employees or volunteers of domestic abuse shelters, or religious healing practitioners
• Employees or volunteers of child advocacy organizations or child welfare service providers
• Parole or court services officers or law enforcement officers
• Any safety-sensitive position (as defined in § 23-3-64), including any law enforcement officer authorized to carry firearms and any custody staff employed by any agency responsible for the rehabilitation or treatment of any adjudicated adult or juvenile

Reporting by Other Persons

Citation: Codified Laws § 26-8A-3Any person who knows or has reasonable cause to suspect that a child younger than age 18 has been abused or neglected may report.

Institutional Responsibility to Report

Citation: Codified Laws §§ 26-8A-6; 26-8A-7Any person who has contact with a child through the performance of services as a member of a staff of a hospital or similar institution shall immediately notify the person in charge of the institution or his designee of suspected abuse or neglect. The person in charge shall report the information in accordance with the provisions of § 26-8A-8.

Any person who has contact with a child through the performance of services in any public or private school, whether accredited or unaccredited, as a teacher, school nurse, school counselor, school official, or administrator, or any person providing services pursuant to § 13-27-3 shall notify the school principal or school superintendent or designee of suspected abuse or neglect. The school principal or superintendent shall report the information in accordance with the provisions of § 26-8A-8. Each school district shall have a written policy on reporting of child abuse and neglect.

Standards for Making a Report

Citation: Codified Laws § 26-8A-3A report is required when a reporter has reasonable cause to suspect that a child has been abused or neglected.

Privileged Communications

Citation: Codified Laws § 26-8A-15The following privileges may not be claimed as a reason for not reporting:

• Physician-patient
• Husband-wife
• School counselor-student
• Social worker-client

Inclusion of Reporter’s Name in Report

Not addressed in statutes reviewed.

Disclosure of Reporter Identity

Citation: Codified Laws § 26-8A-11.1The name of the reporter is not disclosed unless:

• The report is determined to be unsubstantiated.
• Within 30 days, the subject of the report requests disclosure of the reporter’s identity.
• A hearing is held to determine whether the report was made with malice and without reasonable foundation and that release of the name will not endanger the life or safety of the reporter.

Current Through April 2015

Citation: Codified Laws § 26-8A-2(9)‘Abused or neglected child’ includes a child:

• Who was subject to prenatal exposure to abusive use of alcohol, marijuana, or any controlled drug or substance not lawfully prescribed by a practitioner as authorized by statute
• Whose parent, guardian, or custodian knowingly exposes the child to an environment that is being used for the manufacture, use, or distribution of methamphetamines or any other unlawfully manufactured controlled drug or substance

Current Through August 2014

Making The Appointment

Citation: Ann. Stat. §§ 26-8A-18; 26-8A-20The court shall appoint an attorney for any child alleged to be abused or neglected in any judicial proceeding. The court may designate other persons, including a guardian ad litem (GAL) or special advocate to assist the attorney of the child in the performance of the attorney’s duties.

If a child has been adjudicated an abused or neglected child and is removed from the home of the child’s parents, guardian, or custodian, the court shall appoint a GAL or a special advocate to represent the best interests of the child and to assist the child’s attorney.

The Use of Court-Appointed Special Advocates (CASAs)

Citation:This issue is not addressed in the statutes reviewed.

Qualifications/Training

Citation: Ann. Stat. § 26-8A-18The GAL or special advocate may or may not be an attorney licensed to practice law.

Specific Duties

Citation: Ann. Stat. §§ 26-8A-18; 26-8A-20The attorney for the child shall represent the child’s best interests and may not be the attorney for any other party involved in the judicial proceedings. A GAL or special advocate shall represent the best interests of the child and assist the child’s attorney in the performance of the attorney’s duties.

The GAL or special advocate is an officer of the court for the purpose of representing the child’s best interests. The GAL or special advocate shall receive all reports concerning the child and may cause the case to be reviewed by the court.

How the Representative Is Compensated

Citation: Ann. Stat. §§ 26-8A-18; 26-8A-19; 26-7A-31Compensation and expense allowances for the child’s attorney shall be determined and paid according to § 26-7A-31.

Reasonable and just compensation for services of a court-appointed attorney and for necessary expenses and costs incident to the proceedings shall be determined by the court within guidelines established by the presiding judge of the circuit court and shall be paid by the county in which the action is being conducted according to the manner prescribed by the court. If the court-appointed attorney is a party to a contract with the county to provide indigent counsel pursuant to § 23A-40-7(3), the compensation for that attorney shall be what the attorney would receive under the contract. This section does not preclude the court from appointing an attorney for a child as required by provisions of chapter 26-8A.

The Office of the State Treasurer shall maintain an Abused and Neglected Child Defense Fund. All moneys in the fund shall be annually distributed by the State treasurer to the counties on a pro rata basis. The State treasurer shall, within 60 days of the end of the fiscal year, determine and verify from receipts and expenditure records the total expenditures by all counties in the State for the representation of abused and neglected children. He or she shall then establish a percentage ratio between moneys collected in the fund for the past fiscal year and the total expenditures by counties for the representation of abused and neglected children. That percentage ratio shall then be applied to each county’s expenditure for the representation of abused and neglected children to determine its respective payment from the fund.

Current Through April 2014

When Case Plans Are Required

Citation: Admin. Code §§ 67:42:09:17; 67:42:01:01A case plan is to be developed within 30 days after the child’s placement in foster care. A ‘case plan’ is a written plan that explains the client’s social, psychological, medical, or economic problems; contains solutions to the problems; and describes the necessary steps and schedule to resolve the problems.

Who May Participate in the Case Planning Process

Citation: Admin. Code §§ 67:42:09:17; 67:42:01:01The agency shall develop the service plan. The case plan is written in cooperation with a client.

Contents of a Case Plan

Admin. Code § 67:42:09:17The plan shall include:

• A statement of where the child is being placed and assurances that this placement is the least restrictive setting available for the child
• A statement regarding the necessity of the foster care placement
• A description of the services that are to be provided to the child and the child’s family to facilitate a permanent plan for the child
• Projected dates for attaining the established goals

The plan shall provide for:

• Continuing casework services to the child’s parents and to the child to prepare them for the child’s eventual return or to prepare them for other permanent plans being made for the child
• Continuing casework services to the child and the child’s foster parents as indicated in the child’s case plan
• A plan for the child’s social worker to visit the child and the child’s foster parents at least once a month
• Continuing contacts between the child’s parents and their children, unless parental rights have been terminated or either the court that has jurisdiction over the child or the child-placing agency that has been assigned care, custody, and control of the child has determined that the contacts would be detrimental to the child’s welfare
• Regular educational instruction for children of school age
• Closure of the case after a permanent plan has been established and services are no longer required

Current Through November 2012

This issue is not addressed in the statutes reviewed.

Current Through January 2016

Schedule of Hearings

Citation: Ann. Laws §§ 26-8A-21.2; 26-8A-24; 26-8A-26If the court places custody of the child in the Department of Social Services, the court shall conduct a review hearing of the foster care status every 6 months. The hearing shall be conducted in the same manner as a dispositional hearing.

A permanency hearing shall be held:

• Within 30 days of a finding that reasonable efforts are not appropriate
• After the child has been in foster care 12 months and every 12 months thereafter

Persons Entitled to Attend Hearings

Citation: Ann. Laws § 26-7A-15Notice of hearings must be provided to the child’s parents, guardian, or custodian. If the hearing concerns an apparent abused or neglected Indian child, the State’s attorney or department shall make reasonable efforts to inform the Indian custodian and the designated Tribal agent for the Indian child’s Tribe, if known.

Determinations Made at Hearings

Citation: Ann. Laws § 26-8A-25The court shall determine:

• The goal of the foster care placement and the appropriateness of foster care
• The assistance and services that have been provided to the parents
• The good faith efforts, or their lack, and ability of the child’s parents, guardian, or custodian to cooperate with the department and to effectively utilize the assistance and services
• If return to the parent is unlikely, efforts made by the department to provide other care

Permanency Options

Citation: Ann. Laws §§ 26-8A-21.2; 26-8A-26If it is found that the child cannot be returned to the parent, the court shall determine whether the child should be:

• Placed for adoption
• Referred for legal guardianship
• Placed with a fit and willing relative
• Placed in another planned permanent living arrangement when a compelling reason is documented with the court that none of the permanent plans listed above would be in the best interests of the child
• Provided the services needed to transition to independent living if the child is age 16 or older

Current Through March 2016

Citation: Codified Laws § 26-7A-56Except as otherwise provided in this chapter and related chapters 26-8A, 26-8B, and 26-8C, the rules of civil procedure and the rules of evidence apply to adjudicatory hearings. All other hearings shall be conducted under rules prescribed by the court. The rules may be designed by the court to inform the court fully of the exact status of the child and to ascertain the history, environment, and the past and present physical, mental, and moral condition of the child and the child’s parents, guardian, and custodian, as may be necessary or appropriate to enable the court to determine suitable disposition of the child according to the least restrictive alternative available in keeping with the child’s best interests and with due regard to the rights and interests of the parents, guardian, custodian, the public, and the State.

Current Through January 2013

Circumstances That Are Grounds for Termination of Parental Rights

Citation: Ann. Laws §§ 26-8A-26; 26-8A-26.1; 26-8A-27If it appears at a review hearing that all reasonable efforts have been made to rehabilitate the family, that the conditions that led to the removal of the child still exist, and that there is little likelihood that those conditions will be remedied so the child can be returned to the custody of the child’s parents, the court shall affirmatively find that good cause exists for termination of the parental rights of the child’s parents, and the court shall enter an order terminating parental rights.

In addition, the court may find that good cause exists for termination of parental rights of a parent who:

• Committed murder, manslaughter, rape, sexual exploitation of a minor, aggravated incest, criminal abuse of a minor, or kidnapping a child under age 14 with intent to conceal the child
• Aided or abetted, attempted, conspired, or solicited to commit a crime listed above
• Committed aggravated assault against the child or another child of such parent
• Has been determined by a court by clear and convincing evidence to have subjected the child or another child to torture; sexual abuse; abandonment for at least 6 months; chronic physical, mental, or emotional injury; or chronic neglect, if the neglect was a serious threat to the safety of the child or another child
• Is incarcerated and is unavailable to care for the child during a significant period of the child’s minority, considering the child’s age and the child’s need for care by an adult
• Has had his or her parental rights to another child involuntarily terminated by a prior legal proceeding
• Has a documented history of abuse and neglect associated with chronic alcohol or drug abuse
• Has exposed the child to or demonstrated an inability to protect the child from substantial harm or the risk of substantial harm, and the child or another child has been removed from the parent’s custody because the removed child was adjudicated abused and neglected by a court on at least one previous occasion
• Has exposed the child to or demonstrated an inability to protect the child from substantial harm or the risk of substantial harm, the child has been removed from the parent’s custody on two separate occasions, and the Department of Social Services offered or provided family services on each of the two separate occasions the child was removed
• Has exposed the child to or demonstrated an inability to protect the child from substantial harm or risk of harm resulting from a crime, act, or omission as specified above
• Is required to register as a sex offender pursuant to chapter 22-24B
• Has abandoned the child for at least 6 months and during this period the parent has not manifested to the child or to the physical custodian or caregiver of the child a firm intention to resume physical custody of the child and to make suitable arrangements for the care of the child

Circumstances That Are Exceptions to Termination of Parental Rights

This issue is not addressed in the statutes reviewed.

Circumstances Allowing Reinstatement of Parental Rights

This issue is not addressed in the statutes reviewed.

Current Through December 2014

Definitions

Citation: Ann. Stat. §§ 29A-1-201; 26-7A-19The term ‘guardian’ means a person appointed by a court to be responsible for the personal affairs of a minor or protected person, but excludes one who is merely a guardian ad litem.

The term ‘relative’ means an adult who is related to the child by blood, adoption, or marriage, and who is the child’s grandparent, aunt, uncle, sibling, brother-in-law, sister-in-law, niece, nephew, great-grandparent, great-uncle, great-aunt, first cousin, second cousin, stepparent, or stepsibling.

Purpose of Guardianship

This issue is not addressed in the statutes and regulations reviewed.

A Guardian’s Rights and Responsibilities

This issue is not addressed in the statutes and regulations reviewed.

Qualifying the Guardian

This issue is not addressed in the statutes and regulations reviewed.

Procedures for Establishing Guardianship

Citation: Ann. Stat. §§ 26-7A-19.2; 29A-5-203; 26-8A-21.2If a family service specialist employed by the Division of Child Protection Services within the department is contacted by a relative about the relative’s desire to take temporary or permanent placement of an alleged or adjudicated abused or neglected child who has been removed from the child’s parent, guardian, or custodian, the division shall document the contact in the child’s file. The division shall send information to the relative within 5 business days informing the relative of the steps required in order for the relative to be considered for placement.

A petition for the appointment of a guardian may be filed by the minor, by an interested relative, by the individual or facility that is responsible for or has assumed responsibility for the minor’s care or custody, by the individual or entity that the minor has nominated as guardian, or by any other interested person, including the Department of Human Services or the Department of Social Services.

At the permanency hearing, the court may determine that the child should be referred for legal guardianship or be placed permanently with a fit and willing relative.

Contents of a Guardianship Order

This issue is not addressed in the statutes and regulations reviewed.

Modification/Revocation of Guardianship

Citation: Ann. Stat. § 26-7A-101Guardianship or conservatorship of a child under this chapter or chapter 26-8A, 26-8B, or 26-8C shall continue until the court orders otherwise, but not after the child has attained the age of majority. The child or any person interested in the child may from time to time, upon a proper showing, apply to the court for the appointment of a new guardian or conservator, for the restoration of the child to the custody of the child’s parents, if parental rights have not been terminated, or the child’s former guardian or custodian, or for the discharge of the guardian or conservator appointed by the court at the final disposition of the child.

Eligibility for Guardianship Subsidy

This issue is not addressed in the statutes and regulations reviewed.

Links to Agency Policies

Kinship guardianship is not addressed in agency policy.

Current Through July 2013

Relative Placement for Foster Care and Guardianship

Citation: Ann. Laws §§ 26-7A-19; 26-7A-19.1If the child is an apparent, alleged, or adjudicated abused or neglected child, the court may continue the temporary custody of the child after the temporary custody hearing under the terms and conditions for a duration and placement that the court requires, including placement of temporary custody of the child with the Department of Social Services, in foster care, or shelter.

The court and the department shall give placement preference to a relative or custodian who is available and who has been determined by the department to be qualified, provided that placement with the relative or custodian is in the best interests of the child.

As used in this section, the term ‘relative’ means an adult who is related to the child by blood, adoption, or marriage, and who is the child’s grandparent, aunt, uncle, sibling, brother-in-law, sister-in-law, niece, nephew, great-grandparent, great-uncle, great-aunt, first cousin, second cousin, stepparent, or stepsibling. The term ‘custodian’ means an adult who is the biological parent, adoptive parent, or guardian of the child’s sibling or half-sibling.

Subsequent to a temporary custody hearing, if a placement is made of an apparent, alleged, or adjudicated abused or neglected child, placement preference shall be given to a relative entitled to placement under § 26-7A-19.

Requirements for Placement with Relatives

Citation: Ann. Laws § 26-7A-19.2If a family service specialist employed by the Division of Child Protection Services within the department is contacted by a relative about the relative’s desire to take temporary or permanent placement of an alleged or adjudicated abused or neglected child who has been removed from the child’s parent, guardian, or custodian, the division shall document the contact in the child’s file. The division shall send information to the relative within 5 business days informing the relative of the steps required in order for the relative to be considered for placement. The information shall be sent by first-class mail to the last known address of the relative. Nothing in this section prohibits the division from contacting any other person or agency regarding placement of the child.

Requirements for Placement of Siblings

Citation: Admin. Code § 67:42:05:04The family foster parent may provide care for up to six children, including the foster parent’s own children who are under age 18 and residing in the home. There may be no more than two children under age 2, including the foster parent’s own children. Exceptions to this requirement may be made by the department to keep siblings together.

Relatives Who May Adopt

This issue is not addressed in the statutes and regulations reviewed.

Requirements for Adoption by Relatives

This issue is not addressed in the statutes and regulations reviewed.

Current Through March 2016

What Are Reasonable Efforts

Citation: Ann. Laws § 26-8A-21The term ‘reasonable efforts’ means the provision by the Department of Social Services of any services or assistance that:

• Are appropriate for the child’s parents, including instruction on parenting
• Are available or could be made available without undue financial burden on the department
• Would have a significant likelihood of protecting the child from substantial danger to his or her physical health or from severe emotional damage while enabling the child to remain in the home or to be returned to the home

When Reasonable Efforts Are Required

Citation: Ann. Laws § 26-8A-21Reasonable efforts must be made:

• Prior to removal of an alleged or adjudicated abused or neglected child to prevent or eliminate the need for removal from the home
• To make it possible for the child to return home if he or she has been removed from the home

When Reasonable Efforts Are NOT Required

Citation: Ann. Laws § 26-8A-21.1Reasonable efforts to reunify are not required when the parent:

• Has committed murder, manslaughter, rape, incest, sexual exploitation of a minor, or abuse or cruelty to a minor
• Committed aggravated assault against the child or another child of the parent
• Has subjected the child or another child to torture or sexual abuse; abandonment for at least 6 months; chronic physical, mental, or emotional injury; or chronic neglect
• Is incarcerated and unavailable to care for the child during a significant period of the child’s minority
• Has had parental rights to another child terminated involuntarily
• Has a documented history of abuse or neglect associated with chronic alcohol or drug abuse
• Has exposed the child to or demonstrated an inability to protect the child from substantial harm or the risk of substantial harm, and the child or another child has been removed from the parent’s custody because he or she was adjudicated abused and neglected by a court on at least one previous occasion
• Has exposed the child to or demonstrated an inability to protect the child from substantial harm or the risk of substantial harm, the child has been removed from the parent’s custody on two separate occasions, and the department offered or provided family services on each of the two separate occasions the child was removed
• Has exposed the child to or demonstrated an inability to protect the child from substantial harm or risk of harm resulting from a crime, act, or omission listed above
• Is required to register as a sex offender pursuant to Chapter 22-24B

Current Through February 2015

Who Can Nominate a Standby Guardian

Citation:This issue is not addressed in the statutes reviewed.

How to Establish a Standby Guardian

Citation:This issue is not addressed in the statutes reviewed.

How Standby Authority is Activated

Citation:This issue is not addressed in the statutes reviewed.

Involvement of the Noncustodial Parent

Citation:
This issue is not addressed in the statutes reviewed.

Authority Relationship of the Parent and the Standby

Citation:This issue is not addressed in the statutes reviewed.

Withdrawing Guardianship

Citation:This issue is not addressed in the statutes reviewed.