title-185•Alabama Administrative Code, Title 185 — Alabama Child Abuse and Neglect Prevention Board
title-185Alabama Admin. Code Title 185Regulation1 de jan. de 1900
The Child Abuse and Neglect Prevention Act, Code of Ala. 1975, §§ 26-16-1, et seq., sets forth the authority for the creation and promulgation of this autonomous state agency to be known hereafter as the State Child Abuse and Neglect Prevention Board.
Author: Mark N. Chambless
History
The Child Abuse and Neglect Prevention Act, Code of Ala. 1975, §§ 26-16-1, et seq., creates the Child Abuse and Neglect Prevention Board (hereinafter referred to as the Board) which shall exercise those duties and responsibilities as set forth in Code of Ala. 1975, §§ 26-16-1, et seq., and in these administrative rules and regulations for the purpose of preventing child abuse and neglect throughout the State of Alabama.
Author: Mark N. Chambless
History
(1) The Board shall be composed of fourteen members:
(a) The Commissioner of the State Department of Human Resources, State Mental Health Officer, State Health Officer, State Superintendent of Education and the Director of Department of Public Safety, or their designees.
(b) Nine public members appointed by the Governor, one from each of the seven congressional districts into which the state is divided for the purpose of electing representatives in the U.S. Congress, and two from the state at large. As a group, the public members shall demonstrate knowledge in the area of child abuse and neglect prevention; shall be representative of the demographic composition of this state; and, to the extent practicable, shall be representative of all of the following categories: organized labor, the business community, the religious community, the legal community, professional providers of child abuse and neglect prevention services, and volunteers in child abuse and neglect prevention services.
(2) The term of each public member shall be three (3) years, except that of the public members first appointed, three shall serve three years, three for two years, and three for one year. The Governor shall designate the term which each of the members first appointed shall serve when he makes such appointments. A public member shall not serve more than two consecutive terms whether partial or full. A vacancy shall be filled for the balance of the unexpired term in the same manner as the original appointment.
Author: Mark N. Chambless
History
(1) The Governor shall designate a chairperson of the Board from among the public members, which chairperson shall serve in that position at the pleasure of the Governor.
(2) The State Board may elect other officers but shall elect a vice-chairperson and a secretary.
(3) A vacancy occurring in the office of the chairperson shall be filled by the vice-chairperson until such time as the Governor designates a new chairperson.
(4) A vacancy occurring in the office of the vice-chairperson or secretary shall be filled by the Board at the first meeting held after the vacancy occurs.
(5) The duties of the officers shall be as follows:
(a) The chairperson shall preside at meetings of the Board, appoint members to serve on committees as may be created and serve as ex officio member of all committees. The chairperson shall assist with the preparation of the agenda for the meetings of the Board.
(b) The vice-chairperson shall preside in the absence of the chairperson and shall assume the duties of the chairperson when necessary.
(c) The secretary shall be responsible for the minutes of the meetings and shall assume other duties at the direction of the chairperson.
Author: Mark N. Chambless
History
(1) A minimum of two regular public meetings shall be held each year.
(2) Special meetings may be called at the request of the chairperson or upon the written request of three members of the Board to the chairperson. All members of the Board shall receive notice of special meetings at least three days in advance and such notice shall designate the purpose or purposes of the meeting.
(3) All regular meetings of the Board shall be open and public and held in full compliance with Code of Ala. 1975, § 13A-14-2.
(4) A majority of the members of the Board, including at least one officer, shall constitute a quorum at any meeting.
(5) A majority vote of those members present and voting constituting a quorum is needed for official action. There shall be no voting by proxy. Alternates for any member, excluding designees authorized by Rule 185-X-1-.03(1)(a), shall not be allowed.
(6) One meeting shall be designated as the annual meeting for the election of officers, and for the review of bylaws.
(7) Proceedings of the Board shall be governed by Robert's Rules of Order, Newly Revised, except as otherwise specified in the bylaws or statutes governing the Board.
(8) The executive director with the advice and consent of the chairperson shall prepare an agenda for the regular scheduled Board meeting.
(9) The proposed agenda for the regular scheduled meeting shall be mailed to each member at least ten calendar days prior to the meeting. Any member who wishes to have a special item on the agenda for a Board meeting shall notify the chairperson at least fourteen days prior to the scheduled meeting. The agenda for each scheduled meeting of the Board shall include a designated time for public comments, comments by the Board members or other business.
(10) The secretary under the direction and supervision of the executive director shall keep minutes of all meetings of the Board. The minutes of the Board meetings shall reflect the date, time, place, members present, members absent, any decisions made at a meeting open to the public and the purpose or purposes for which a closed session is held. The minutes shall include all roll call votes taken at the meeting.
(11) Proposed minutes shall be available for public inspection and shall be mailed to each Board member not more than eight business days after the meeting to which the minutes refer. Approved minutes shall be available for public inspection not later than five business days after the meeting at which the minutes are approved by the Board.
Author: Mark N. Chambless
History
(1) Adopt and revise rules and regulations necessary to carry out the Child Abuse and Neglect Prevention Act.
(2) Set the salary of the executive director.
(3) Approve the number of staff members.
(4) Conduct meetings in accordance with Code of Ala. 1975, § 26-16-5(a), and those other requirements set forth in Rule 185-X-1-.05.
(5) Develop and adopt a plan for the distribution of funds from the trust fund.
(6) Develop and publicize criteria for the application for and receipt of trust fund money.
(7) Review, approve and monitor the expenditure of trust fund money.
(8) Provide for the coordination and exchange of information on the establishment and maintenance of local councils and prevention programs.
(9) Provide statewide education and public informational seminars for the purpose of developing public awareness regarding the problems of child abuse and neglect.
(10) To encourage professional persons and groups to recognize and deal with problems of child abuse and neglect.
(11) To make information on child abuse and neglect available to the public, organizations and agencies which deal with problems of child abuse and neglect.
(12) To encourage the development of community prevention programs.
(13) To establish a procedure for the annual, internal evaluation of the functions, responsibilities and performance of the State Board.
(14) Accept federal funds, state funds, gifts, grants and all other monies donated upon the terms and conditions set forth in Code of Ala. 1975, §§ 26-16-30, et seq.
(15) Perform such other duties, not inconsistent with law, as required by this Act.
History: Mark N. Chambless
History
(1) The Board shall have the right to form committees to carry out its functions and duties and shall have the following permanent standing committees:
(a) Public Relations;
(b) Program;
(c) Personnel;
(d) Legislative, Study/Bylaws, and Alabama Administrative Procedure Act;
(e) Finance.
(2) The chairperson of the Board shall appoint members to serve on the committees and shall also designate from among the committee members a chairperson for that committee.
Author: Mark N. Chambless
History
(1) The Board shall submit to the Governor a list of individuals recommended to fill the position of executive director.
(2) The executive director's salary shall be set by the Board but said salary shall not exceed seventy-five percent of the amount set as the standard compensation for cabinet level officials of the state. The executive director shall not be a member of the State Classified Civil Service.
(3) The Board shall set the number of staff members to be hired by the executive director and shall formulate a job description for each staff member.
(4) Administrative costs and the actual and necessary operating expenses of the Board and the trust fund shall be kept at a minimum in furtherance of the primary purpose of the trust fund which is to disburse money to fund private, nonprofit or public organizations in the development and operation of a child abuse and neglect prevention program.
Author: Mark N. Chambless
History
The Board hereby adopts by reference as its rule Code of Ala. 1975, § 26-16-2.
Author: Mark N. Chambless
History
The Children's Trust Fund is created for the primary purpose of encouraging the direct provision of services to prevent child abuse and neglect.
Author: Mark N. Chambless
History
(1) Funds shall be received through the State Income Tax Refund Designation program as set forth in Code of Ala. 1975, § 26-16-31.
(2) The Board shall accept funds, appropriations, grants and any other source of monies donated to the Children's Trust Fund.
Author: Mark N. Chambless
History
All funds received from whatsoever source shall be deposited into the general fund of the State Treasury and credited to the Children's Trust Fund.
Author: Mark N. Chambless
History
All funds contained in the Children's Trust Fund shall be continuously appropriated to the Board. The Board shall have access to and control of the monies in said fund.
Author: Mark N. Chambless
History
(1) The Board shall annually develop a State Plan for the distribution of funds from the Children's Trust Fund. The plan shall assure an equal opportunity exists for establishment of prevention programs and receipt of trust fund money among all geographic areas of the state.
(2) Upon Board approval, the plan shall be transmitted to the Speaker of the House, the President Pro Tempore of the Senate, to the Governor, the Ways and Means Committee of the House, and the Finance and Taxation Committee of the Senate.
Author: Mark N. Chambless
History
(1) The Board shall establish a procedure for the acceptance of applications and the criteria for reviewing the applications. Each applicant shall follow the procedures as set forth and publicized.
(2) The Board shall publicize the plan for application and shall provide each local council with this plan.
(3) The Board as a part of the plan for the application of and disbursement of funds may provide for the establishment of categories of grants and rank same by designating the priority of each category. In the event the Board chooses to prioritize categories of grants, said prioritization shall not be absolute nor shall the Board be bound to approve grants only in the higher priority categories before approving grants in the lower priority categories. Any such prioritization will be considered for the convenience of the Board in developing and conducting the overall plans and philosophies relating to the statutory rights and obligations of the Board.
Author: Mark N. Chambless
History
(1) The Board shall, as part of the plan for applications, hold a public meeting to review the applications. The Board shall take into consideration the primary purposes of the trust fund, the Code requirements and may consider other criteria the Board establishes in reviewing the applications.
(2) The Board has the duty and authority to approve, in full or in part, or to reject, in full or in part, any application submitted. In approving or rejecting the applications submitted the Board may consider the availability of funds, the geographic location of the applications, the ability of the applicant to secure other funding and other criteria the Board establishes or deems appropriate.
Author: Mark N. Chambless
History
(1) The Board shall establish a funding cycle for the disbursement of funds and publish same by notifying the local councils.
(2) The Board shall have the authority to authorize disbursements to the approved applicants and shall establish a procedure for the orderly disbursement to the funded project.
Author: Mark N. Chambless
History
(1) Any applicant rejected may contact the Executive Director of the Children's Trust Fund, who shall provide the applicant with the Board's reasoning for not approving the application. The applicant wishing to protest the rejection can also submit to the Executive Director specific reason, in writing, why the application should have been approved.
(2) Upon receipt of the written protest, the Executive Director shall choose at random a review committee to be composed of the chairperson and two other Board members, excluding the Board member(s) from the applicant's congressional district.
(3) The review committee will review the letter submitted by the applicant and make a recommendation. The Board, at a special called meeting with an expressed agenda, will then decide to accept or reject the committee's recommendation.
(4) The chairperson shall present the findings to the Board as a whole for their final decision on the application. The applicant shall then be notified, in writing, of the Board's final decision.
Author: Mark N. Chambless
History
(1) Any person who wishes to propose that the Board adopt, repeal, or amend any rule may do so on the form prescribed by the Board.
(2) The Board shall meet and consider any petition for adoption, repeal, or amendment within ninety (90) days of its submission.
Author: Mark N. Chambless
History
(1) The Board shall give at least 35 days notice of any proposed action on any rule by publication in the Alabama Administrative Monthly in compliance with the Alabama Administrative Procedure Act, Section 5(1)(a).
(2) Any person who wishes to receive notice by mail of proposed actions on rules may do so by requesting such notice from the Board and paying the cost of copying and mailing, which cost shall be set from time to time by the executive director.
Author: Mark N. Chambless
History
The Board shall permit all interested persons reasonable opportunity to submit in writing data, views, or arguments concerning any proposed rule action. Data, views, or arguments submitted must be received by the Board at least seven (7) days before the date specified in the notice as the day of the public hearing. Those persons wishing to appear to present data, views or arguments orally must submit a request to appear to the Board, and such request must be received by the Board at least seven (7) days before the scheduled public hearing.
Author: Mark N. Chambless
History
The Board shall fully consider all written and oral submissions concerning every proposed rule action. Upon adoption of a rule, the Board, if conflicting views are submitted on the proposed rule, shall issue a statement of the principal reasons for and against its adoption, incorporating therein its reasons for overruling any considerations urged against its adoption.
Author: Mark N. Chambless
History
In the event the Board finds that an immediate danger to the public health, safety, or welfare requires adoption of a rule upon fewer than 35 days notice or that action is required by or to comply with a federal statute or regulation which requires adoption of a rule fewer than 35 days notice, the Board may adopt an emergency rule under the provisions of the Administrative Procedure Act, Section 5(2).
Author: Mark N. Chambless
History
All rules adopted by the Board shall otherwise substantively and procedurally comply substantially with the provisions of the Alabama Administrative Procedure Act.
Author: Mark N. Chambless
History
(1) The Board may issue declaratory rulings to any person substantially affected by a rule with respect to the validity of the rule, or with respect to the applicability to any person, property, or state of facts of any rule or statute enforceable by the Board, or with respect to the meaning and scope of any Order of the Board. Such rulings shall be issued provided:
(a) The petitioner shows that he/she is substantially affected by the rule in question.
(b) Sufficient facts are supplied in the request to permit the Board to make a valid determination.
(c) The request arises from an actual question or controversy.
(2) A request for declaratory ruling must be in writing and must specifically state that it is a "Request for Declaratory Ruling."
(3) Any person who wishes to file a Petition for a Declaratory Ruling shall do so on the form prescribed by the Board.
(4) Such rulings will be made in accordance with the Alabama Administrative Procedure Act, Section 11.
Author: Mark N. Chambless
History
The Board herein adopts by reference the Alabama Administrative Procedure Act, Code of Ala. 1975, §§ 41-22-12 through 41-21-22, as their substantive and procedural rules as to hearings in contested cases and appeals therefrom.
Author: Mark N. Chambless
History
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