Human Resources Chapter ALABAMA DEPARTMENT OF HUMAN RESOURCES SOCIAL SERVICES DIVISION ADMINISTRATIVE CODE

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1 Human Resources Chapter ALABAMA DEPARTMENT OF HUMAN RESOURCES SOCIAL SERVICES DIVISION ADMINISTRATIVE CODE CHAPTER SOCIAL SERVICES - GENERAL TABLE OF CONTENTS General Application For Services And Initial Determination Of Eligibility Denial Of Application For Service Standard Of Promptness Service Availability Redetermination Of Eligibility Reduction Or Termination Of Services Right Of Appeal General. Rules contained in this chapter pertain to the delivery of social services, namely adult services and family and children's services, as provided for in the Title XX Block Grant Annual Plan. The rules are not applicable to Emergency Welfare Services. Author: Kay Pilgreen 676, 1381 through 1383c, 1397 through 1397f; Title XX Social Services State Plan; Code of Ala. 1975, , through -17, through -11. History: Effective December 10, Amended: Filed February 18, 1999; effective March 25, Application For Services And Initial Determination Of Eligibility. (1) An application is a written signed request on the agency's designated application form. Each person wishing to receive social services from the Department of Human Resources must be given the opportunity to apply for services without delay. The application may be filed by the applicant, his authorized representative, a parent on behalf of families and children, a person or agency having legal custody, or when the applicant is incompetent or incapacitated or in an emergency by Supp. 6/30/

2 Chapter Human Resources someone acting responsibly for him, including agency staff. An application is not needed for the provision of protective services or the provision of day care under the Jobs Opportunity and Basic Skills Training Program (JOBS). Information provided on the application serves as the basis for eligibility determination. Refer to Rule for a list of those individuals who are eligible to receive services. Author: 676, 1381 through 1383c, 1397 through 1397f; 45 C.F.R. Part 96; P.L , Titles II and III; 42 U.S.C. 602, ; 45 C.F.R. Parts 250 and 255; 54 Fed. Reg ; Social Security Act Title XIX State Plan Waiver; Title XX Social Services State Plan; Code of Ala. 1975, , through -17, through -11; JOBS State Plan and State Supportive Services Plan. History: Effective December 10, Emergency amendment effective July 19, Permanent amendment effective October 9, Succedent permanent amendment effective September 7, Succedent emergency amendment effective October 1, Succedent permanent amendment effective January 9, Denial Of Application For Service. A service will be denied when an applicant does not meet eligibility requirement or it has been determined that the service to be provided is not needed or accepted by the individual (with the exception of protective services), or is an inappropriate part of the service plan or if the service is not available in the geographic area where the applicant resides. Author: 676, 1381 through 1383c, 1397 through 1397f; Social Security Act Title XIX State Plan Waiver; Title XX Social Services State Plan; Code of Ala. 1975, , through -17, through -11. History: Effective December 10, Standard Of Promptness. A decision must be made on all applications within 45 calendar days with the exception of Adult Protective Services after the "date of application" which is the date on which the signed application is received in the county office. A decision must be made on all applications within 60 calendar days for all persons requesting Adult Protective Services. Supp. 6/30/

3 Human Resources Chapter Author: Carol Woodcock 676, 1381 through 1383c, 1397 through 1397f; Social Security Act Title XIX State Plan Waiver; Title XX Social Services State Plan; Code of Ala. 1975, , through -17, through -11. History: Effective December 10, Amended: Filed May 6, 2008; effective June 10, Service Availability. (1) The availability of all adult services with the exception of adult protective service investigations is subject to funding limitations and provider participation. (2) When an eligible client requests a service for which there is no slot immediately available, his application will be approved and his name placed on a waiting list unless the requested service is an adult service not available in his or her geographic area. (Exception: The waiting list may be disregarded and the county's slot allocation exceeded when authorizing day care for JOBS and transitional clients and former transitional clients who remain eligible for day care.) Service will be authorized when a slot becomes available, the client is redetermined eligible, and need for the service is reestablished. Eligible applicants for adult services will be placed on the waiting list according to priorities. Individuals at risk of abuse, neglect, and/or exploitation will be given the first priority and individuals at risk of institutionalization will have second priority. The date of request will determine standing on the waiting list when two or more eligible applicants have the same priority. (3) Handicapped Children Fund Services are subject to funding limitations and restrictions. First priority for services shall be given to individuals who are determined to be abused, neglected and/or exploited or who are suspected to be at risk of abuse, neglect and/or exploitation or who are residential/institutional placement or at risk of residential/institutional placement and who otherwise meet service specific criteria for services. Individuals not falling within one of the categories for priority status shall be put on a waiting list and provided services out of available non-priority funding. Author: Kay Pilgreen 676, 1381 through 1383c, 1397 through 1397f; 45 C.F.R. Part Supp. 6/30/

4 Chapter Human Resources 96; P.L , Titles II and III; 42 U.S.C. 602, ; 45 C.F.R. Parts 250 and 255; 54 Fed. Reg ; Title XX Social Services State Plan; Code of Ala. 1975, , through -17, through -11; Jobs State Plan and State Supportive Services Plan. History: Effective December 10, Emergency amendment effective October 1, Succedent permanent amendment effective January 1, Succedent emergency amendment effective April 1, Succedent permanent amendment effective July 10, Amended: Filed February 18, 1999; effective March 25, Amended: Filed April 6, 2012; effective May 11, Redetermination Of Eligibility. Redetermination of eligibility of all persons receiving services shall be made not less frequently than every 12 months. Author: Carol Woodcock 676, 1381 through 1383c, 1397 through 1397f; Title XX Social Services State Plan; Code of Ala. 1975, , through -17, through -11. History: Effective December 10, Succedent permanent amendment filed March 8, 1994; effective April 12, Amended: Filed February 18, 1999; March 25, Amended: Filed May 6, 2008; effective June 10, Reduction Or Termination Of Services. (1) Reduction of Services. The level of services to be reduced when: (a) Funding reductions make it necessary to reduce the amount of service provided; or (b) When necessary to coincide with the individual's or family's current need for service as reflected by the case plan; i.e., when part-time day care rather than full-time care becomes needed or a decrease in the amount of homemaker service needed; or (c) When an adult day care client meets the definition of chronic absenteeism for a second time in one year. (2) Termination of Services. Services are to be terminated when: Supp. 6/30/

5 Human Resources Chapter (a) Applicable to all social services 1. There is agreement between the individual or family and the agency that the goal has been attained, or that for some other reason there is not longer need for any services. 2. It is documented in the case record that the agency has attempted to meet the need but has determined that the individual or family will not benefit from services or that the goal has been reached and/or there is no longer need for service. 3. The client who is capable of making the decision, or his responsible relative or representative acting for him, no longer wants services. 4. The individual or family is no longer eligible for services. 5. The client's situation no longer meets the criteria for service as specified in the Social Services plan. 6. The only service(s) being provided an individual or family is being removed from the agency's Title XX plan or is no longer available in the geographic area. 7. Funding reductions make it necessary to terminate services. 8. Client refuses to provide information necessary to redetermine eligibility. (b) Applicable to Child Day Care 1. The client fails to pay required child-care fees and no payment agreement has been established. 2. In addition for a client receiving transitional day care services: (i) (ii) activities; or Client terminates employment without good cause; Client fails to cooperate with child support (iii) The child(ren) for whom day care is being provided leaves the home or is no longer dependent by definition. (c) Applicable to Adult Day Care Supp. 6/30/

6 Chapter Human Resources 1. The client in day care for adults becomes disruptive to the program. 2. The client deteriorates to the point that the client is not longer able to attend a day care program. 3. The client deteriorates to the point that it is in the best interest of the client to move from his own home or community to a more restrictive setting. 4. Living arrangements change for a client receiving day care for adults; e.g., a relative who can care for the client has moved into the home, or a member of the household who had been employed decides to stay at home and take care of the client or client moves to an area where a day care is not available. 5. The client has improved sufficiently that other community resources will meet the needs. 6. The client meets the definition of chronic absenteeism for the third time in one year. Chronic absenteeism is defined as seven absences in one month or seven consecutive days in a two-month period. (d) Applicable to Homemaker Service for Adults 1. The client becomes able to perform the essential task(s) the homemaker has been performing. 2. There is a responsible person who is able, willing and available to perform the tasks the client needs to have done. 3. The client's living arrangements change so that homemaker service is no longer needed or appropriate. 4. The homemaker's well-being is in jeopardy because of physical danger, contagious disease or abusive treatment. 5. The client needs care that cannot be provided in the home, and continuing homemaker service contributes immediate danger for the client. (e) Applicable to Foster Care for Adults 1. Client has no money available to pay for room and board. 2. Client is in need of institutional care. 3. Client recovers from infirmity and can live alone. Supp. 6/30/

7 Human Resources Chapter Client's mental and emotional condition prevents the client from being cared for in the family setting. (3) Advance Notice. Written advance notice to the client is required when there is a reduction in the level of service or any service is being terminated. The effective date of the reduction or termination of services will be not less than ten (10) days after the date of notice except for situations listed in Item (4) below. If the client exercises his right to appeal prior to the effective date of the action, services may be continued until a final disposition is made on the appeal. (4) Exceptions to Advance Notice. Exceptional situations in which the ten-day advance notice of reduction or termination is not required are as follows: (a) A written statement is provided by the recipient or authorized representative which specifies that services are no longer needed or desired. (b) The recipient has moved to another county and services are being provided in that county. (c) The recipient has moved to another state. (d) The recipient has moved and left no forwarding address and his whereabouts are unknown as verified by return of agency mail. (e) The recipient dies. Death must be verified by death certificate, newspaper notice, contact with family, physician, coroner, or funeral director. (f) The child was removed from day care by the parent or responsible relative and Department is notified either by the parent, responsible relative or provider that the child is not returning. (g) The child of a JOBS or transitional client was receiving self-arranged day care and the client is no longer working or not participating in a JOBS activity. (h) The adult has left day care or has been removed by his responsible relative and the Department is notified in writing either by the adult, responsible relative or provider that the adult is not returning. (i) The service was authorized at a specific level or for a limited time period and at the time of authorization, the Supp. 6/30/

8 Chapter Human Resources client was given written notice that the service would be reduced or end at a specified time. Author: 676, 1381 through 1383c, 1397 through 1397f; 45 C.F.R. Part 96; P.L , Titles II and III; 42 U.S.C. 602, ; 45 C.F.R. Parts 250 and 255; 54 Fed. Reg ; Title XX Social Services State Plan; Code of Ala. 1975, , through -17, through -11; JOBS State Plan and State Supportive Services Plan. History: Effective December 10, Emergency amendment effective October 1, Succedent permanent amendment effective January, Right Of Appeal. Any person by law may request a hearing. Refer to Chapter , Hearings, in the General Administration Division. Author: Statutory Authority: 42 U.S.C. 1397; Title XX of the Social Services Act, Code of Ala. 1975, , through -11, through -27. History: Effective December 10, Supp. 6/30/