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HB571 INTRODUCED
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HB571
U9UE6GX-1
By Representative Mooney
RFD: Judiciary
First Read: 05-Mar-26
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U9UE6GX-1 03/04/2026 GP (L)GP 2026-651
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First Read: 05-Mar-26
SYNOPSIS:
Under existing law, the State Department of
Human Resources must ensure that foster parents have
certain rights.
This bill would provide that foster parents have
a right to be heard at any hearings concerning the
foster child and the right to submit a written report
to the court on the status and welfare of the foster
child.
This bill would provide that foster parents of
foster children who have been in the care of the
department for at least 15 months may intervene as a
matter of right in any proceeding relating to the
foster child.
This bill would also provide that the court may
deny the motion to intervene only if the court issues
findings articulating why the intervention would be a
detriment to the best interests of the child and would
interfere with the child's right to a timely and
permanent resolution of his or her case.
A BILL
TO BE ENTITLED
AN ACT
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AN ACT
Relating to foster parents; to amend Section 38-12A-2,
Code of Alabama 1975; to further provide for the rights of
foster parents; and to provide certain parents with the right
of intervention.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 38-12A-2, Code of Alabama 1975, is
amended to read as follows:
"§38-12A-2
The Department of Human Resources shall ensure that
each foster parent shall have has all of the following rights:
(1) The right to be treated with dignity, respect,
trust, value, and consideration as a primary provider of
foster care and a member of the professional team caring for
foster children.
(2) The right to receive information concerning the
rights enumerated in this section.
(3) The right to a concise written explanation of their
role as foster parents in partnership with children and their
families, the department, and other providers ,; the role of
the department ,; and the rights and role of the members of the
birth family of a child in foster care.
(4) The right to training and support for the purpose
of improving skills in providing daily care and meeting the
needs of the child in foster care.
(5) The right to training, consultation, and assistance
in evaluating, identifying, and accessing services to meet
their needs related to their role as foster care providers.
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their needs related to their role as foster care providers.
This includes, but is not limited to, all foster care polices
policies , the Foster Parent Handbook, Foster Family Homes
Minimum Standards, the Therapeutic Foster Care Manual, and a
mediation process.
(6) The right to provide input to the department in
identifying the types of resources and services that would
meet the needs of children currently in their care and of
their families, and advocate for the same without threat of
reprisal.
(7) The right to information concerning behavioral
problems, health history, educational status, cultural and
family background, and other issues relative to the child
which are known to the department at the time the child is
placed in foster care prior to the child's placement with a
foster parent or parents. When the department knows such
information after placement, the department shall make that
information available to the foster parent as soon as
practicable.
(8) The right to a written explanation of the plan
concerning the placement of a child in the foster parent's
home. For emergency placements where time does not allow prior
preparation of the explanation, the department shall provide
such explanation within 72 hours. Prior to placement, the
department shall allow the foster parent to review a written
summary of information concerning the child, including, but
not limited to, assessments, evaluations, and case plans, and
allow the foster parent to assist in determining if the child
would be a proper placement for the prospective foster family.
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would be a proper placement for the prospective foster family.
For emergency placements where time does not allow prior
review of the information, the department shall provide the
information within 72 hours of placement. Confidential
information shall be kept confidential by the foster parents,
except as determined through the individualized service plan
(ISP) process to promote the health and welfare of the child.
(9) The right to a staff person representing the
department on call 24 hours a day, seven days a week, for the
purpose of aiding the foster parent in receiving departmental
assistance.
(10) The right to fair and equitable board payments
based on a system of daily board rates and other financial
reimbursement as specified in a plan adopted by the department
after consultation with foster parents, subject to the
availability of funds.
(11) The right to accept or refuse placement within
their home, or to request, upon reasonable notice to the
department, the removal of a child from their home for good
cause without threat of reprisal for acting on such good
cause.
(12) The right to information of scheduled meetings and
appointments concerning the foster child and permission for
the foster parent to actively participate in and provide input
to be used by the ISP team in the case planning and
decision-making process regarding the child in foster care,
including, but not limited to, individual service planning
meetings, foster care reviews, individual educational planning
meetings, and medical appointments.
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meetings, and medical appointments.
(13) The right to request that a person or persons
serve as a volunteer advocate and to be present at all
meetings with the department, including, but not limited to,
individualized service planning, administrative hearings, the
grievance/mediation process, the adoption process, and the
allegation process where the foster parent is present. All
communications received by the volunteer advocate shall be in
strict confidence.
(14)a. The right to timely notice of information
concerning all hearings and an opportunity the right to be
heard, including timely information concerning all court
hearings . This notification The notice may include, but is not
limited to, notice of the date and time of the court hearing,
the name of the judge or hearing officer assigned to the case,
the guardian ad litem, the location of the hearing, and the
court docket number. The notification notice shall be made
upon receipt of this information by the department.
b. Although not a party to the case, the foster parent
parents, even if a motion to intervene has not been granted,
may attend court hearings and be heard for purposes of
submitting their report at the discretion of the judge .
(15) The right to communication with professionals who
work with the foster child, including, but not limited to,
therapists, physicians, and teachers who work directly with
the child.
(16) The right to communicate with the child's birth
family, other foster parents of the child, and prospective and
finalized adoptive parents of the child with ISP team approval
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finalized adoptive parents of the child with ISP team approval
and without the threat of reprisal.
(17) The right to necessary information on an ongoing
basis which is relevant to the care of the child, including
timely information on changes in the case plan or termination
of the placement and reasons for the changes or termination of
placement to the foster parent, except in the instances of
immediate response of child protective service.
(18) The right to first consideration as the resource
for a child in a foster parent's home who becomes free for
adoption or another planned permanent living arrangement.
(19) The right to a period of respite upon the request
of a foster parent. The foster parent shall provide reasonable
notice of a request for respite.
(20) The right to information, in person and in
writing, of any allegations of maltreatment of children in the
home of the foster parent alleged to have been perpetrated by
a member of the foster parent's household, the process for
disposition of these allegations, and any review process for
reports of indicated child abuse and neglect upon receipt of
the allegations. A written notification of any report in which
a finding is not indicated on the county level shall be
provided to a foster parent within five days of the findings.
(21) The right to copies of all information relative to
their family and services contained in the personal foster
home record.
(22) The right to mediation procedures that may be
developed and adopted by the department and the Alabama Foster
and Adoptive Parent Association Board. The foster parent may
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and Adoptive Parent Association Board. The foster parent may
request mediation in accordance with any mediation policy
adopted by the department and the Alabama Foster and Adoptive
Parent Association Board without threat of reprisal.
(23) The right to appeal the closing of a foster family
home by the department in accordance with any appeal procedure
adopted by the department and the Alabama Foster and Adoptive
Parent Association Board without threat of reprisal .
(24) The right to submit a written report to the court
about the status and welfare of the foster child in their
care, as an exercise of their right to be heard.
(25) For foster parents who have fostered a foster
child who has been in the custody of the department for at
least 15 months, the right to file to intervene as a party as
a matter of right in any legal proceeding involving the foster
child. The court shall grant a motion to intervene under this
subdivision, except for good cause shown. The court may deny
the motion to intervene if the court issues a timely written
order articulating findings that granting the foster parent's
motion to intervene would be detrimental to the child's best
interests and would interfere with the foster child's right to
a timely and permanent resolution to the case. Foster parents
with the right to intervene under this subdivision do not need
the consent of the Department of Human Resources in order to
file a motion to intervene, and shall be entitled to file such
a motion without threat of reprisal for acting on good cause.
This subdivision does not entitle a foster parent to
court-appointed counsel ."
Section 2. This act shall become effective on October
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Section 2. This act shall become effective on October
1, 2026.197