1 SB226
2 209597-6
3 By Senator Chesteen
4 RFD: Governmental Affairs
5 First Read: 10-FEB-21
Page 0
1 SB226
2
3
4 ENGROSSED
5
6
7 A BILL
8 TO BE ENTITLED
9 AN ACT
10
11 Related to foster homes; to amend Section 38-7-2,
12 Code of Alabama 1975; to expand the defined types of foster
13 family homes.
14 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
15 Section 1. Section 38-7-2, Code of Alabama 1975, is
16 amended to read as follows:
17 "38-7-2.
18 "Terms used in this chapter, unless the context
19 otherwise requires, have the meanings ascribed to them in this
20 section. When not inconsistent with the context, words used in
21 the present tense include the future, words in the singular
22 number include the plural number, and words in the plural
23 number include the singular number, and the word "shall" is
24 always mandatory and not merely directory:
25 "(1) CHILD. Any person under 19 years of age, a
26 person under the continuing jurisdiction of the juvenile court
27 pursuant to Section 12-15-117, or a person under 21 years of
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1 age in foster care as defined by the Department of Human
2 Resources.
3 "(2) CHILD-CARE INSTITUTION or INSTITUTION FOR CHILD
4 CARE. A child-care facility where more than 10 children are
5 received and maintained for the purpose of providing them with
6 care or training or both, or transitional living program
7 services, but does not include:
8 "a. Any institution for child care which is under
9 the ownership or control, or both, of the State of Alabama, or
10 which is operated or certified or licensed by another agency
11 or department of the State of Alabama;
12 "b. Any juvenile detention home established and
13 operated by the State of Alabama;
14 "c. Any bona fide boarding school in which children
15 are primarily taught branches of education corresponding to
16 those taught in public schools, grades 1 through 12, or taught
17 in public elementary schools, high schools, or both elementary
18 and high schools.
19 "(3) CHILD-PLACING AGENCY. A public or private
20 child-care facility which receives, places, or arranges for
21 the placement of any child or children in adoptive or foster
22 family homes or other facilities for child care apart from the
23 custody of the child's or children's parents. The term
24 includes, but is not limited to, all agencies established and
25 maintained by a municipality or other political subdivision of
26 the State of Alabama to protect, guard, train, or care for
27 children outside their own homes, but does not include any
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1 circuit court or juvenile court or any duly appointed juvenile
2 probation officer or youth counselor of the court who receives
3 and places children under an order of the court.
4 "(4) DAY CARE CENTER. Any child-care facility
5 receiving more than 12 children for daytime care during all or
6 part of a day. The term includes, but is not limited to,
7 facilities commonly called "child-care centers," "day
8 nurseries," "nursery schools," "pre-kindergartens,"
9 "preschools," "kindergartens," and "play groups," with or
10 without stated educational purposes. The term further
11 includes, but is not limited to, pre-kindergarten, preschool,
12 kindergarten, or nursery schools or other daytime programs
13 operated as a part of a private school and receiving children
14 younger than lawful school age for daytime care for more than
15 four hours a day, with or without stated educational purposes.
16 The term does not include any of the following:
17 "a. Kindergartens or nursery schools or other
18 daytime programs operated by public elementary systems or
19 secondary level school units or institutions of higher
20 learning.
21 "b. Kindergartens or nursery schools or other
22 daytime programs, with or without stated educational purposes,
23 operating no more than four hours a day and receiving children
24 younger than lawful school age.
25 "c. Kindergartens or nursery schools or other
26 daytime programs operated as a part of a private school and
27 receiving children younger than lawful school age for four
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1 hours a day or less, with or without stated educational
2 purposes.
3 "d. Facilities operated for more than four hours a
4 day in connection with a shopping center or service or other
5 similar facility, where transient children are cared for
6 temporarily while parents or custodians of the children are
7 occupied on the premises or are in the immediate vicinity and
8 readily available. The facilities shall meet local and state
9 fire and health requirements.
10 "e. Any type of day care center that is conducted on
11 federal government premises.
12 "f. Special activities programs for children of
13 lawful school age including, but not limited to, athletics,
14 crafts instruction, and similar activities conducted on an
15 organized and periodic basis by civic, charitable, and
16 governmental organizations, provided local and state fire and
17 health requirements are met.
18 "(5) DAY CARE HOME. A child-care facility which is a
19 family home and which receives not more than six children for
20 care during the day.
21 "(6) DEPARTMENT. The Department of Human Resources
22 of the State of Alabama.
23 "(7) FACILITY FOR CHILD CARE or CHILD-CARE FACILITY.
24 A facility established by any person, group of persons,
25 agency, association, or organization, whether established for
26 gain or otherwise, who or which receives or arranges for care
27 or placement of one or more children, unrelated to the
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1 operator of the facility, apart from the parents, with or
2 without the transfer of the right of custody, in any facility
3 as defined in this chapter, established and maintained for the
4 care of children.
5 "(8) FOSTER FAMILY HOME. A child-care facility in a
6 residence of a family where the family receives a child or
7 children, unrelated to that family whether related or not
8 related to the family as the term "related" is defined in this
9 section, for the purpose of providing family care or
10 therapeutic family care and training, or transitional living
11 program services on a full-time basis. The types of foster
12 family homes are defined as follows:
13 "a. Boarding home. A foster family home wherein the
14 foster family receives a child or children and receives
15 payment for their care. The number of children so received
16 shall not exceed six, unless the children are of common
17 parentage.
18 "a. Traditional foster family home. A child care
19 facility in a residence of a family where the family receives
20 a child or children, not related to that family as that term
21 is defined in Section 12-15-301(14), for the purpose of
22 providing family care and training on a full-time basis.
23 "b. Related foster family home. A foster family home
24 wherein the family is related to the child by blood, marriage,
25 or adoption within the fourth degree of kinship, including
26 only a brother, sister, uncle, aunt, first cousin,
27 grandparent, great-grandparent, great aunt, great uncle,
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1 great-great grandparent, niece, nephew, grandniece,
2 grandnephew, or a stepparent.
3 "b. c. Free home. A foster family home, whether
4 related or not related as defined in Section 12-15-301(14),
5 which does not receive payment for the care of a child or
6 children and which may or may not receive the child or
7 children for the purpose of adoption.
8 "d. Therapeutic foster family home. A child care
9 facility in a residence of a family where the family receives
10 a child or children for the purpose of providing therapeutic
11 family care and training on a full-time basis.
12 "(9) GROUP DAY CARE HOME. A child-care facility
13 which is a family home and which receives at least seven but
14 no more than 12 children for care during part of the day where
15 there are at least two adults present and supervising the
16 activities.
17 "(10) GROUP HOME. A child-care facility where at
18 least seven but not more than 10 children are received and
19 maintained for the purpose of providing them with care or
20 training, or both, or transitional living program services.
21 "(11) MATERNITY CENTER. A facility in which any
22 person, agency, or corporation receives or cares for one or
23 more minor pregnant girls, except that the term does not
24 include hospitals.
25 "(12) NIGHT CARE FACILITY. A child-care facility
26 which is a center or a family home receiving a child or
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1 children for care during the night. The term includes the
2 following:
3 "a. Nighttime center. A facility which is
4 established to receive more than 12 children for nighttime
5 care.
6 "b. Nighttime home. A family home which receives no
7 more than six children for nighttime care.
8 "c. Group nighttime home. A child-care facility
9 which is a family home which receives at least seven but no
10 more than 12 children for nighttime care and where there are
11 at least two adults present and supervising the activities.
12 "(13) RELATED. Any of the following relationships by
13 blood, marriage, or adoption: Parent, grandparent, brother,
14 sister, stepparent, stepbrother, stepsister, half brother,
15 half sister, uncle or aunt, and their spouses.
16 "(14) TRANSITIONAL LIVING FACILITY. A child-care
17 facility or program that is designed to give opportunities to
18 practice independent living skills to eligible persons at
19 least 16 years of age and under 21 years of age in foster care
20 in a variety of residential settings with varying degrees of
21 care and supervision."
22 Section 2. This act shall become effective on the
23 first day of the third month following its passage and
24 approval by the Governor, or its otherwise becoming law.
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1
2
3 Senate
4 Read for the first time and referred to the Senate
5 committee on Governmental Affairs................. 1.0-FEB-21
6
7 Read for the second time and placed on the calen-
8 dar............................................... 2.3-FEB-21
9
10 Read for the third time and passed as amended .... 1.6-MAR-21
11 Yeas 28
12 Nays 0
13
14
15 Patrick Harris,
16 Secretary.
17
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Statutes affected: Introduced: 38-7-2
Engrossed: 38-7-2