Both federal and state laws, as well as best child welfare
practice, require that permanent homes be expeditiously found for children who
are unable to safely remain with their biological family. Child welfare staff
must be familiar with these laws as they identify specific circumstances and
clear timeframes under which TPR must be considered and subsequently
pursued.
(1) Legal Bases.
(a)
Code of Ala.
1975, §§
12-15-319, provides the grounds
for termination of parental rights.
(b)
§
12-15-102 through §
12-15-701, Code of
Ala. 1975 governs all juvenile court proceedings and provides that
the custody of a child may be transferred to the Department of Human Resources
by court order.
(c)
§
38-2-6(10) and
(14), Code of Ala.
1975, provides that the Department of Human Resources shall seek
out and protect minor children who are in need of its care and protection, and
place such children in family homes or other suitable child care
facilities.
(d) The Adoption and
Safe Families Act of 1997 (ASFA),
Public Law
105-89, prompted amendments to the
Code of Ala. 1975, including those addressing
reasonable efforts (§
12-15-312) and permanency hearings
(§
12-15-315).
(e) The guiding principles of the Practice
Model impacting termination of parental rights include promoting safety and
protection while achieving timely permanency for a child; promoting children
having experiences that enhance their sense of love and belongings.
Notes
Ala. Admin. Code r. 660-5-30-.02
New Rule: Filed August 12,
2004; effective September 16, 2004.
Amended by
Alabama
Administrative Monthly Volume XXXVIII, Issue No. 12, September 30,
2020, eff. 11/14/2020.
Author: Shawanda Harris
Statutory Authority:
Code of Ala.
1975, §§
12-15-317 through
12-15-319,
38-2-6(10), (14),
12-15-315,
12-15-312; and the Adoption and
Safe Families Act of 1997 (ASFA),
Public Law
105-89. R.C. v Hornsby,
No 88-H-1170-N, Consent Decree (M.D. Ala. Approved December 18, 1991),
(Terminated January 16, 2007).
