C. D. H. and K. E. H. v. Marion County Department of Human Resources
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REL: 06/20/2008 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0649), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter. ALABAMA COURT OF CIVIL APPEALS OCTOBER TERM, 2007-2008 _________________________ 2061129 _________________________ C.D.H. and K.E.H. v. Marion County Department of Human Resources Appeal from Marion Juvenile Court (JU-06-168.04 ) BRYAN, Judge. AFFIRMED. NO OPINION. See Rule 53(a)(1) and (a)(2)(C), Ala. R. App. P.; Ex parte State Dep't of Human Res., 834 So. 2d 117, 120-21 (Ala. 2002); Ex parte Bryowsky, 676 So. 2d 1322, 1324 (Ala. 1996); 2061129 Diggs v. Diggs, 910 So. 2d 1274, 1275 (Ala. Civ. App. 2005); and Woods v. Woods, 653 So. 2d 312, 314 (Ala. Civ. App. 1994). Thompson, P.J., and Pittman and Thomas, JJ., concur. Moore, J., concurring specially. 2 2061129 MOORE, Judge, concurring specially. I concur to affirm the juvenile court's judgment denying custody to the great aunt and great uncle of a dependent child. I write specially to point out that, in September 1999, the Alabama Legislature enacted § 38-12-1 et seq., Ala. Code 1975, establishing the "Kinship Foster Care Program." Section 38-12-2(c), Ala. Code 1975, provides that the State Department of Human Resources ("DHR") "shall establish eligibility standards for becoming a kinship foster parent." However, in the nearly nine years since this act took effect, DHR has not promulgated eligibility standards or adopted rules and regulations specifically applicable to this program.1 Section 12-15-71(a)(3)c., Ala. Code 1975, also requires DHR to investigate relatives of a dependent child to determine if the relatives are "qualified" to receive and care for the child. The term "qualified" is not defined in the statute or in the corresponding regulations promulgated by DHR. In order 1 A review of the Alabama Administrative Code revealed only three regulations promulgated by DHR's Social Services Division referring to kinship foster care: Ala. Admin. Code, Rule 660-5-47-.02, Rule 660-5-50-.03, and Rule 660-5-50-.05. However, those regulations do not establish standards specifically applicable to the Kinship Foster Care Program. 3 2061129 to comply with the federal Adoption and Safe Families Act, 42 U.S.C. § 671, DHR adopted certain criteria governing who may be considered for foster care; those criteria are found in Ala. Admin. Code, Rule 660-5-29-.01 et seq. (DHR Social Services Div.). However, those criteria have not been made specifically applicable to relative placements or to the Kinship Foster Care Program. I have previously pointed out DHR's failure to act on this legislative mandate. See, e.g., J.B. v. Cleburne County Dep't of Human Res., [Ms. 2060709, March 21, 2008] ___ So. 2d ___ (Ala. Civ. App. 2008) (Moore, J., writing for the court); and K.N.F.G. v. Lee County Dep't of Human Res., [Ms. 2060355, Aug. 3, 2007] ___ So. 2d ___ (Ala. Civ. App. 2007) (Moore, J., dissenting). I again urge DHR to comply with § 38-12-2(c) by establishing eligibility standards for becoming a kinship foster parent. 4
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