How Grandparents Can Secure Kinship Foster Placement During Alabama DHR Investigations

Understanding Kinship Placement During a DHR Investigation

When the state removes a child from their parents due to abuse or neglect, the trauma for the child is immense. For grandparents, watching their grandchildren enter the state foster care system is a nightmare. Fortunately, the Alabama Department of Human Resources, Montgomery and local juvenile courts follow a legal doctrine that strongly favors 'kinship placement.' Under Ala. Code § 12-15-314, when a child is declared dependent, the court must prioritize placing the child with a capable relative before considering stranger foster care. This is a specific dependency proceeding, which is entirely different from a standard grandparent visitation lawsuit in domestic relations court. If you live in Birmingham, Mobile, or Montgomery, stepping up as a kinship caregiver requires you to proactively engage with DHR and meet strict state standards.

Step-by-Step Process in Alabama

Time is critical when DHR removes a child. Grandparents must act immediately to prevent the child from being placed in a traditional foster home.

Step 1: Immediate Notification

The moment you learn DHR is involved with your grandchildren, you must contact the assigned DHR social worker and formally declare your willingness to take the children. Do not wait for DHR to find you. Follow up your phone call with a written email or letter stating you want to be considered for emergency kinship placement.

Step 2: Emergency Background Checks

For an immediate placement, DHR will run an expedited criminal background check on you and every adult living in your home. They will check the Alabama state criminal database and the Central Registry on Child Abuse and Neglect.

Step 3: Passing the DHR Home Study

Within a few days, a DHR worker will visit your home to conduct a formal home study. They will inspect your house for safety hazards, ensure there is adequate sleeping space, and evaluate your financial ability to care for the child. You may be asked to complete Form DHR-FCS-1598, Alabama, Department of Human Resources, Child Abuse / Neglect Central Registry Clearance Request or a specific kinship application.

Step 4: Intervening in Juvenile Court

If DHR places the child with you, you should formally intervene in the dependency case at the local court, such as the Montgomery County Juvenile Court, Montgomery. Hiring an attorney to file a Motion to Intervene ensures you have a legal voice in all future hearings regarding the child's permanent placement.

Passing the DHR Home Study and Background Checks

The home study can feel intrusive, but it is a mandatory safety measure. The social worker wants to see that you have a stable environment. This includes having working smoke detectors, locked storage for medications and firearms, and sufficient beds. As established in Alabama case law like B.H. v. Marion County Department of Human Resources, 998 So. 2d 475 (AL Civ. App. 2008), while relatives have a priority preference, that preference does not override the child's best interests. You must prove you are physically, emotionally, and financially fit to handle the unexpected burden of raising a child.

Waiving Disqualifying Criminal Offenses for Relatives

Many grandparents worry that an old mistake will prevent them from taking in their grandchildren. Certain convictions, such as child abuse, violent felonies, or recent drug distribution charges, will permanently disqualify you. However, Alabama DHR has discretion to grant 'waivers' for older, minor offenses (like a DUI from 15 years ago or a youthful misdemeanor). You must be completely honest on your application. If DHR finds a hidden conviction during the FBI fingerprint check, they will likely deny your placement based on dishonesty rather than the old crime itself.

Accessing Kinship Subsidies and Financial Assistance in Alabama

Taking in grandchildren is expensive. Alabama offers the Kinship Foster Care Program to help ease the financial burden. To receive the full monthly stipend (which is comparable to what a traditional foster parent receives), you must become a fully licensed kinship foster parent. This requires taking training classes (often called TIPS or Trauma-Informed Partnering for Safety) and meeting all standard foster care regulations. Even if you do not become fully licensed, you may still qualify for child-only TANF (Temporary Assistance for Needy Families) through the state, which provides a smaller monthly cash assistance payment.

How Much Does it Cost in Alabama?

Working with DHR to become a kinship placement does not cost any state fees; the home study and background checks are generally free. However, if you need to hire an attorney to file a formal Petition for Custody in the Juvenile Court to protect your rights, a private lawyer typically charges a retainer of $2,500 to $5,000. You can find vetted family law attorneys in our US Attorneys directory to assist you.

How Long Does the Process Take?

In emergency situations, DHR can approve a temporary kinship placement within 24 to 48 hours if the initial background checks are clear. Becoming a fully licensed kinship foster home to receive the maximum monthly subsidy takes much longer, generally requiring 3 to 6 months to complete the required training classes and full FBI fingerprinting.

Frequently Asked Questions (FAQ)