Ala. Admin. Code r. 660-5-30-.04 - Relinquishments

(1) The Code of Ala. 1975, § 26-10A-7, provides for a parent to relinquish physical custody of a child to the Department of Human Resources or a licensed child-placing agency for purposes of adoption. Legal custody is transferred to the adoptive parents through the Interlocutory Order which occurs several months following the adoptive placement.

(2) The concurrence of the Office of Adoption must be given prior to the County Department taking a relinquishment.

(3) The County Director is the individual appointed to take Relinquishment of Minor for Adoption. He or she may delegate that authority to the program supervisor (if there is one) or the line supervisor responsible for placement of children for adoption from the County Department. In any case involving the relinquishment of a child for adoption by a minor parent, the County Department must request, by filing a motion with the Probate Court, that the court appoint a GAL for that minor parent prior to taking the relinquishment. The GAL must be present when the relinquishment is taken. If possible, the parents of the minor parent who is relinquishing a child should also be present when the relinquishment is taken.

(4) When a child is relinquished to the Department, the adoptive placement can be made after the expiration of the fourteen (14) day withdrawal period.

Notes

Ala. Admin. Code r. 660-5-30-.04

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).