Ala. Admin. Code r. 660-5-34-.07

Current through Register Vol. 42, No. 7, April 30, 2024

Section 660-5-34-.07 - Disposition For Reports Of Child Abuse/Neglect

Following the completion of an CA/N assessment of a report of child abuse/neglect, the worker must arrive at a disposition as to whether the child has experienced abuse/neglect and whether the person identified as responsible for the abuse/neglect was actually responsible for the abuse/neglect. The disposition for the allegations involving a child and the disposition for the person allegedly responsible for the abuse/neglect may not be the same. The following dispositions are used by the Department of Human Resources:

(1) Indicated This disposition is used when a preponderance of the credible evidence (e.g., eyewitness account, medical report, professional evaluation) and the professional judgment of the worker (based on facts gathered during the course of the CA/N assessment) indicate that abuse/neglect has occurred. Credible evidence means that the available facts, when viewed in light of surrounding circumstances, would cause a reasonable person to believe that a child was abused or neglected. A determination of "indicated" is not based solely on whether a court has determined that abuse/neglect has occurred. However, if a court finds cause that abuse/neglect has occurred, this evidence will automatically justify the disposition of "indicated." In addition, it is not necessary that the person allegedly responsible for the abuse/neglect be identified in order to have a disposition of "indicated." A disposition of "indicated" is also used in regard to the person allegedly responsible for the abuse/neglect when credible evidence and the professional judgment of the worker indicates that the person was responsible for the abuse/neglect.

(2) Unable to Complete This disposition is used only when an CA/N assessment cannot be completed due to the worker being unable to secure the information needed to reach a disposition (e.g., family moves and their present whereabouts are unknown; a family that is reported can never be located due to lack of identifying information). This disposition may also be used for the person allegedly responsible for the abuse/neglect.

(3) Not Indicated This disposition is used when a preponderance of the credible evidence and professional judgment does not substantiate that abuse/neglect has occurred. It is also used when credible evidence and professional judgment does not substantiate that the person allegedly responsible for the abuse/neglect was responsible for the abuse/neglect.

Author: Jerome Webb

Ala. Admin. Code r. 660-5-34-.07

Effective August 11, 1988. Amended: Filed February 4, 2003; effective March 11, 2003. Repealed and New Rule: Filed September 4, 2003; effective October 9, 2003. Repealed and New Rule: Filed June 2, 2006; effective July 7, 2006. Repealed and New Rule: Filed May 4, 2007; Effective June 8, 2007.

Previous Rule 660-5-34-.06 was renumbered to .07 as per certification filed May 4, 2007; effective June 8, 2007.

Statutory Authority:Code of Ala. 1975, Title 26, Chapter 14.