Section 950-1-4-.02 - Statutory Authority (Alabama Administrative Code)

§ 950-1-4-.02. Statutory Authority

(1) § 44-1-27(a) - "The Department of Youth Services is authorized and directed to establish and promulgate reasonable minimum standards for the construction and operation of detention facilities, Programs for the prevention and correction of Youth delinquency, and subsidies to local delinquency projects. The Standards shall include, but not be limited to, reasonable minimum Standards for detention facilities, foster care facilities (licensed under Community Residential Standards), group homes, and correctional institutions."

(2) § 44-1-27(b) - "No county, city, public or private Agency, group, corporation, partnership, or individual shall establish, maintain, or operate any detention Facility or any foster care Facility for Youths found delinquent or in need of supervision by a juvenile Court without a license from the Department. A license shall be required on an annual basis or as determined by the Department. The Department shall revoke the license of any city, county, or public or private Agency, group, corporation, or individual conducting, operating or acting as a detention Facility or foster care Facility caring for children and Youths alleged or adjudged to be delinquent or in need of supervision that fails to meet the Standards prescribed by the Department. The Department may visit and inspect any public or voluntary detention Facility, foster care Facility, or group home as it deems necessary."

(3) § 44-1-24 - The Department of Youth Services shall perform the following:

(4) "License and subsidize foster care facilities or group homes for Youths alleged to be delinquent pending Hearing before a juvenile Court or adjudged delinquent following Hearing, including detention, examination, study, care, treatment, and Training."

(6) "Make and enforce all rules and regulations which are necessary and appropriate to the proper accomplishment of the duties and functions vested in the Department by law with respect to Youth services and which do not conflict with or exceed the provisions of law vesting the duties and functions in the Department."

(New Rule: Filed December 17, 2004; effective January 21, 2005. Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 02, November 30, 2018, eff. December 21, 2018.)

Author: Alabama Department of Youth Services, Office of Licensing and Standards

Statutory Authority: Code of Ala. 1975, §§ 44-1-27(a)(b); 44-1-24(4)(6); 38-13-4.

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