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1 State Statutes Search - Child Welfare Information Gateway 1 (2023)

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State Statutes Search
Alabama
Placement of Children With Relatives
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Current Through September 2022
Relative Placement for Foster Care and Guardianship
Citation: Ala. Code § 38-12-2; Admin. Code r. 660-5-28-.05
When a child has been removed from their home and is in the care, custody, or guardianship of the Department
of Human Resources, 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 only as provided by Federal law for the care of the child and any
other benefits that might be available to foster parents, whether in money or in services.
A relative shall be an individual who is legally related to the child by blood, marriage, or adoption within the fourth
degree of kinship, including only a sibling, a parent's sibling, first cousin, grandparent, great-grandparent, great-
great-grandparent, a grandparent's sibling, a sibling's child or grandchild, or a stepparent. For the purposes of
kinship foster care, the blood relationship will continue to be recognized in defining a relative after termination of
parental rights.
In regulation: When substitute care becomes necessary, children should be placed in the least restrictive setting
possible. This means the most familylike setting that can provide the environment and services needed to serve
the child's best interests and special needs. In substitute care, relative placement should always be given first
consideration, after which foster family care, group home care, and institutional care are to be considered in that
order.
Requirements for Placement with Relatives
Citation: Ala. Code §§ 38-12-2; 38-12-3; 38-12-14
The kinship foster parent shall be aged 21 or older unless the department provides otherwise by rule to carry out
the provisions of this chapter.
The department may waive standards for kinship foster care as provided by department rule and as permitted by
other State and Federal law.
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.
The department shall determine whether the person is able to care effectively for the foster child by the following