Certification for subsidy; procedures; approval of plan.
When foster parents are the prospective adoptive parents, certification of the child's eligibility for a subsidy shall be conditioned upon his adoption by the said prospective adoptive parents under applicable Alabama adoption policies, procedures and statutes.
In all other cases, after reasonable efforts have been made and no appropriate adoptive family without the use of subsidy has been found for a child, the State Department of Human Resources shall certify the child as eligible for a subsidy in the event of adoption.
If the child is in the permanent custody of a voluntary licensed child-placing agency, that agency shall present to the State Department of Human Resources (a) evidence to support the existence of potential danger to the child in severing his emotional ties with his foster parents who are the prospective adoptive parents, or (b) evidence of inability to place the child for adoption due to any of the other conditions specified in Section 26-10-22. In the latter case, the agency shall present evidence that reasonable efforts have been made to place the child without subsidy, such as recruitment of potential parents, use of adoption resource exchanges and referral to appropriate specialized adoption agencies.
The decision concerning certification of the child for subsidy shall be made by the State Department of Human Resources. Evidence submitted by the voluntary licensed child-placing agency shall serve as a basis for the decision and the State Department of Human Resources may request and receive from the voluntary licensed child-placing agency additional information which the State Department of Human Resources considers necessary to the decision.
If the State Department of Human Resources approves the subsidy plan, it will draft and sign jointly with the adoptive parents the subsidy agreement. The State Department of Human Resources will be the administrator of the subsidy agreement according to its regulations and the terms of this article.
The voluntary licensed child-placing agency shall continue supervisory responsibility for the child and the family until after the final adoption decree has been issued.
Found here:
Section 26-10-24