Alabama Administrative Code Chapter 950-1-1 — General Provisions And Organization

950 Alabama Department of Youth Services

Ala. Admin. Code r. 950-1-1-.01 Creation Of Department

There is hereby created and established a department of the state to be known as the department of youth services. The department shall be composed of the youth services board, the director and such divisions and administrative sections as the board may establish. The principal offices of the department shall be located at the state capital. The department shall have the powers and duties and shall perform the functions prescribed in this chapter. (Acts 1973, No. 816, p. 1261, §3.

History

• *Author: Department of Youth Services *
• Authority: Code of Ala. 1975, §44-1-20.

Ala. Admin. Code r. 950-1-1-.02 Purpose

The purpose of this Act is to promote and safeguard the social well-being and general welfare of the youth of the state through a comprehensive and coordinated program of public services for the prevention of juvenile delinquency and the rehabilitation of delinquent youth. This State program shall provide the following:

(a) social and educational services and facilities for any youth whom a juvenile judge deems in need of such state services;

(b) the establishment of standards for social and educational services and facilities for such youth;

(c) cooperation with public and voluntary agencies, organizations, and citizen groups in the development and coordination of programs and activities directed toward the prevention, control and treatment of delinquency;

(d) the promotion and improvement of community conditions, programs, and resources to aid parents in discharging their responsibilities for the care, development and well-being of their children;

(e) and the promotion of improved communications between the public and voluntary agencies and bodies of this state responsible for said youth, and the juvenile courts of this state.

History

• *Author: Department of Youth Services *
• *Authority: Code of Ala. 1975, §44-1-1. *

Ala. Admin. Code r. 950-1-1-.03 State Youth Services Director

(1) The state youth services director shall have at a minimum a master's degree in behavioral or social science or a related field from an accredited school and shall have at least six years' experience in the field of services to children and youth, with at least three years of that experience being in the field of juvenile delinquency services. The last three years of such experience must have been in an administrative and/or management position with demonstrated competence as indicated by promotion or other indications of responsibility.

(2) The director may be removed from office by a vote of nine members of the board for reasons fully set forth in the minutes of the meeting at which such removal takes place. (3) The director shall have the following powers and duties:

(a) Subject to the provisions of the state merit system, to appoint all officers and employees of the department, or to authorize any superintendent, division or bureau head or other administrator to select with his approval all staff members and employees.

(b) To exercise supervision over all the officers and employees of the department, and should any such officer or employee fail to perform faithfully any of the duties which are lawfully prescribed for him or if he fails or refuses to observe or conform to any rule, regulation or policy of the board, to remove him from office, in conformity with the state merit system law.

(c) To make agreements with the heads of other executive departments of the state providing for the coordination of the functions of the various departments of the state.

(d) Serve as the administrator of the Interstate Compact on Juveniles. (Acts 1973, No. 816, p. 1261, §11.)

History

• *Author: Department of Youth Services *
• *Authority: Code of Ala. 1975, §41-1-21 *

Ala. Admin. Code r. 950-1-1-.04 Powers And Duties Generally

The Department of Youth Services shall have the following powers, duties and functions:

(1) Provide services for youths who have run away from their own communities in this state or from their home communities in other states to this state, and provide such services, care, or cost for the youths as may be required pursuant to the provisions of the Interstate Compact on Juveniles.

(2) Provide for the expansion of local detention care for youths alleged to be delinquent pending court hearing.

(3) Secure the provision of medical, hospital, psychiatric, surgical, or dental service, or payment of the cost of such services, as may be needed for committed youths.

(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.

(5) Establish, maintain, and subsidize programs to train employees of the department, juvenile courts, and law enforcement personnel in such subject matters and techniques as may be necessary to assure efficient and effective administration of services in accordance with the purpose of this chapter.

(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.

(7) Enter into contracts with any other state or federal agency or with any private person, organization, or group capable of contracting, if the department finds the action to be in the public interest.

(8) Upon approval of the Attorney General, file and prosecute civil actions in any court in the name of the department to enforce this chapter and enforce such rules and regulations as may be promulgated under this chapter. Civil actions may include actions for an injunction to restrain any person, agency, or organization from violating any provision of this chapter or any rule or regulation promulgated under this chapter.

(9) Accept gifts, trusts, bequests, grants, endowments, or transfers of property of any kind and prudently to manage the property in accordance with sound financial principles.

(10) Prescribe and furnish forms to clerks of probate and juvenile courts for use in connection with any action to be taken under this chapter.

(11) Enter into reciprocal agreements with appropriate agencies of other states relative to youth services programs.

(12) Engage in research in the field of youth services, enter into contracts with public or voluntary organizations, including educational institutions, and with individuals for the purpose of securing research and to make provisions for any pay grants to such organizations or individuals in accordance with the rules of the department, as may be necessary to secure the performance of the research.

History

• *Author: Department of Youth Services *
• *Authority: Code of Ala. 1975, §44-1-24. *
• Amended: Filed November 6, 2018; effective December 21, 2018.

Ala. Admin. Code r. 950-1-1-.05 Board Of Youth Services

There is hereby created and established the Alabama youth services board. The principal offices of the board shall be located at the state capital. The board shall have the powers and duties and shall perform the functions described in this Code.

History

• *Author: Department of Youth Services *
• Authority: Code of Ala. 1975, §§44-1-50, 44-1-51,

Ala. Admin. Code r. 950-1-1-.06 Powers Of The Board

The youth services board shall have the following powers:

(a) To appoint the state youth services director and to fix his salary.

(b) To institute and defend legal proceedings in any court of competent jurisdiction and proper venue.

(c) To contract with any private person, organization or entity or any combination thereof capable of contracting, if it finds such act to be in the public interest.

(d) To establish and promulgate reasonable rules, policies, orders and regulations for the carrying out of its duties and responsibilities.

(e) To purchase or lease land or to acquire property by eminent domain and to purchase, lease, let, sell, exchange or otherwise transfer property, land or buildings in order to carry out its duties and responsibilities under the provisions of this chapter. (Acts 1973, No. 816, p. 1261, §§6, 15.)

History

• *Author: Department of Youth Services *
• Authority: Code of Ala. 1975, §44-1-52.

Ala. Admin. Code r. 950-1-1-.07 Organizational Structure/Method Of Operation

The Department is organized and broken into major responsibility units known as Divisions, as determined by the Director. The Board of Youth Services sets all policies of the Department and it is the responsibility and duty of the Director to carry out the policies as set by the Board.

History

• Author: Department of Youth Services
• Authority: Code of Ala. 1975, Title 44, entitled Youth Services.
• *Amended: Filed November 6, 2018; effective December 21, 2018. *

Ala. Admin. Code r. 950-1-1-.08 Statutory Authority (Repealed 12/15/2023)

Statutory Authority (Repealed 12/15/2023)

History

• Author: Department of Youth Services
• Repealed: Published October 31, 2023; effective December 15, 2023.

Ala. Admin. Code r. 950-1-1-.09 Effective Date

The Department was established by Act 816, 1973 Regular Session of the Alabama Legislature. The Department became operational in April 1974.

History

• *Author: Department of Youth Services *

Ala. Admin. Code r. 950-1-1-.10 Public Request For Information

Except as otherwise provided by law, and except as described herein, public records of the department are open for inspection by citizens of the State of Alabama. Access to public records shall be provided in accordance with this chapter.

For purposes of this chapter, the following terms shall have the following meanings.

(a) Standard request. A public-records request that seeks one or more specifically and discretely identified public records that the department determines would take less than eight hours of staff time to process considering the time needed to identify and retrieve any responsive records and to redact or take other measures to withhold legally protected information. A standard request should require no or minimal clarification by the requester.

(b) Time-intensive Request. A public-records request that the department determines would take more than eight hours of staff time to process considering the time needed to identify and retrieve any responsive records-including because the request is vague or overly broad-and any time needed to redact or take other measures to withhold legally protected information.

(c) Confidential Records. Records of the department (including but not limited to youth case files) containing information concerning any youth for whom the department has provided social services are not public records and are required by state law to be kept confidential. (See, Code of Alabama 1975, Section 44-1-39). In addition certain records containing confidential information concerning individuals or businesses associated with the department, for example certain personnel records, investigative records, business records, and records the disclosure of which would be detrimental to the best interests of the public, are not public records and must be kept confidential.

Youth case files are Confidential Records and are retained by the department a maximum of six (6) years. Generally, Youth case files are retained by the department until the youth’s eighteenth birthday, then forwarded for storage at the State Records Center until the youth attains the age of twenty-five years. A sampling of youth case files is done prior to the destruction of the records. Youth case files will not be produced, except in limited circumstances including as described in Code of Alabama 1975, Section 44-1-39, and only upon order of the committing juvenile court.

The department requires compliance with the Health Insurance Portability and Accountability Act (HIPAA), (Public Law 104-191) before producing any records subject to HIPAA. The department will require written authorization from the subject before using or disclosing any personal health information. Certain other laws, for example the Family Educational Rights and Privacy Act (FERPA), may prohibit disclosure or require written authorization.

Public records of the department that are not Confidential Records are otherwise available to citizens of the State of Alabama. To obtain public records or request copies of rules of the Department of Youth Services, a request should be made in writing to: Department of Youth Services, P. 0. Box 66, Mt. Meigs, Alabama 36057. Attention: Legal Division. Telephone: (334) 215-3803. The request must provide the legal name, (Alabama) address, and contact information of the citizen or entity making the request, the purpose for which the Alabama citizen is requesting the information, and must identify the requested records with reasonable specificity.

Fees and Costs: A non-refundable twenty dollar ($20.00) research fee is required for each request. The research fee includes up to twenty photocopies at no additional cost.

A fee for the cost of copies at the rate of fifty cents ($.50) per page will be charged for all copies (in excess of twenty), which is the actual cost incurred for producing records.

If you, a citizen of Alabama, submit a legitimate request for non-Confidential Records in the possession of the department, it is the department's intent that you will receive within two business days correspondence acknowledging your request.

If you, an Alabama citizen, submit a Standard Request the department intends to send you correspondence within two business days stating the number of pages and the amount (if any) of additional fee. The department expects to be prepared within 15 business days to provide a substantive response to such standard request. Upon receipt of certified funds in the specified amount, the documents will be copied and sent via US mail to the address identified in the request.

If you, an Alabama citizen, submit a Time-intensive Request the department intends to notify you within 15 business days after the acknowledgement that the request qualifies as a Time-intensive Request. At that time, the department intends to notify you of any likely fees and allow you to withdraw the Time-intensive Request and submit a new request that is not a Time-intensive Request. If you elect to proceed with your Time-intensive Request, the department expects to be prepared to provide a substantive response fulfilling or denying the request within 45 business days after you elected to proceed with your Time-intensive Request. The department may extend this 45-business day period in 45-business-day increments by notifying you in writing.

History

• Author: Department of Youth Services
• Authority: Code of Ala. 1975, §44-1-39.
• Amended: Filed November 6, 2018; effective December 21, 2018. Amended: Published October 31, 2023; effective December 15, 2023.