Court orders must be followed.
- (1) Sometimes there will be an existing court order (often from a divorce proceeding) in place at the time an ISP is being developed for a child and family. The existing order must be followed until modified or lifted. However, DHR must seek to have the order lifted or modified if it substantially inhibits attainment of the child's permanency goal, or imposes requirements inconsistent with R.C.
- (2) Sometimes, after an ISP has been developed, the court will order additional services, lift restrictions, or impose additional restrictions. These court orders must be followed. However, DHR must seek to have the order lifted or modified if it substantially inhibits attainment of the child's permanency goal, or imposes requirements inconsistent with R.C. If the court refuses to modify or lift an order as requested, the county DHR will inform the Family Services Partnership. If the Partnership concurs that the court order is inconsistent with R.C., the Partnership will take appropriate action.
Author: Jerome Webb
Statutory Authority: R. C. v. Fuller, No. 88-H-1170-N, Consent Decree (M. D. Ala. Approved December 18, 1991).
History: New Rule: Filed October 7, 2003; effective November 11, 2003.