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12-15-321
Section 12-15-321 Periodic review of efforts to achieve adoption of child in custody of another
after parental rights terminated. Where the juvenile court has terminated the parental rights
and has placed legal custody of the child with the Department of Human Resources or with a
public or private licensed child-placing agency, the juvenile court, at least annually, shall
review the circumstances of the child to determine what efforts have been made to achieve
permanency for the child. (Acts 1984, No. 84-261, p. 442, §9; §26-18-9; amended and renumbered
by Act 2008-277, p. 441, §19.)...
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26-10-22
Section 26-10-22 Definitions. As used in this article, the following words shall have the following
meanings unless the context indicates otherwise: (1) ADOPTION SUBSIDY. A money payment, services,
deferred payment, or any combination thereof that is provided to a child with special needs
or circumstances after submission of an application to the department. (2) AGENCY. The department
or a child welfare agency which is authorized in its license issued by the department to place
children for adoption. (3) APPLICATION. The submission to the department of a complete application
as defined by the department with documentation of the child's special needs. (4) CHILD. An
individual under 19 years of age, or an individual 19 or 20 years of age and eligible for
Title IV-E Federal Funding, who is: a. in the care or custody, or both, of the department,
or a public or voluntary licensed child-placing agency, b. legally free for adoption and c.
in special need or circumstances because he or she is...
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12-15-209
Section 12-15-209 Children to be released when full-time detention or shelter care not required;
conditions imposed upon release; amendment of conditions or return of child to custody upon
failure to conform to conditions imposed. (a) When the juvenile court finds that full-time
detention or shelter care of a child is not required, the juvenile court shall order the release
of the child, and in so doing, may impose one or more of the following conditions: (1) Place
the child in the custody of a parent, legal guardian, legal custodian, or any other person
whom the juvenile court deems proper, or place the child with a department, agency, or organization
agreeing to supervise the child. (2) Place restrictions on the travel, association, or place
of abode of the child during the period of his or her release, or place the child under electronic
or telephone monitoring, if available. (3) Impose any other condition deemed reasonably necessary
and consistent with the criteria for detaining...
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26-10A-2
Section 26-10A-2 Definitions. The following words and phrases shall have the following meaning
whenever used in this chapter except where the context clearly indicates a different meaning:
(1) ABANDONMENT. A voluntary and intentional relinquishment of the custody of a minor by parent,
or a withholding from the minor, without good cause or excuse, by the parent, of his or her
presence, care, love, protection, maintenance, or the opportunity for the display of filial
affection, or the failure to claim the rights of a parent, or the failure to perform the duties
of a parent. (2) ADOPTEE. The person being adopted. (3) ADULT. A person who is 19 years of
age or older or who by statute is otherwise deemed an adult. (4) CONSENT. Voluntarily agreeing
to adoption. (5) FATHER. A male person who is the biological father of the minor or is treated
by law as the father. (6) LICENSED CHILD PLACING AGENCY. Any adoption agency that is licensed
under the provisions of the Alabama Child Care Act of 1971...
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12-15-318
Section 12-15-318 Service of process. (a) Except as otherwise provided by the Alabama Rules
of Juvenile Procedure and this section, service of process of termination of parental rights
actions shall be made in accordance with the Alabama Rules of Civil Procedure. (b) If service
of process has not been completed within 45 days of the filing of the termination of parental
rights petition, the petitioner shall request service by publication. (c) Service of process
by publication may not be ordered by the juvenile court unless at least one of the following
conditions is met: (1) The child who is the subject of the proceedings was abandoned in the
state, or (2) The state or private department or agency having custody of the child has established,
by evidence presented to the juvenile court, that the absent parent or parents are avoiding
service of process or their whereabouts are unknown and cannot be ascertained with reasonable
diligence. (d) Service shall be made by publication in a...
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38-13-4
Section 38-13-4 Mandatory criminal history check notice; suitability determinations; checks
on subsequent activity. (a) Every employer, child care facility, adult care facility, the
Department of Human Resources, and child placing agency required to obtain a criminal history
background information check pursuant to this chapter shall obtain, prior to or upon the date
of employment, or issuance of a license or approval or renewal thereof, and maintain in the
agency or personnel file, a request with written consent for the criminal history background
information check and a statement signed by the applicant, volunteer, or employee indicating
whether he or she has ever been convicted of a crime, and if so, fully disclosing all convictions.
The statement shall include a notice and questionnaire the same as or similar to the following:
(1) MANDATORY CRIMINAL HISTORY CHECK NOTICE: Alabama law requires that a criminal history
background information check be conducted on all persons who hold a...
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12-15-315
Section 12-15-315 Permanency hearing for Department of Human Resources cases only. (a) Within
12 months of the date a child is removed from the home and placed in out-of-home care, and
not less frequently than every 12 months thereafter during the continuation of the child in
out-of-home care, the juvenile court shall hold a permanency hearing. The Department of Human
Resources shall present to the juvenile court at the hearing a permanent plan for the child.
The juvenile court shall consult with the child, in an age-appropriate manner, regarding the
permanency plan and any transition plan to independent living. If a permanent plan is not
presented to the juvenile court at this hearing, there shall be a rebuttable presumption that
the child should be returned home. This provision is intended to ensure that a permanent plan
is prepared by the Department of Human Resources and presented to the juvenile court within
12 months of the placement of any child in foster care and no less...
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12-15-402
Section 12-15-402 Authority and procedure. (a) The state, any county, any municipality, or
any governmental department or agency, including, but not limited to, the Department of Human
Resources or the Department of Youth Services, or any person, including a parent, legal guardian,
or legal custodian, may file a petition in the juvenile court to have any minor or child,
as defined in this chapter, committed to the custody of the department on the basis that the
minor or child is an individual with a mental illness or intellectual disability and, as a
consequence of that mental illness or intellectual disability, poses a real and present threat
of substantial harm to self or to others. (b) The petition shall be verified and filed in
the county in which the minor or child is located or resides, petitioning the juvenile court
to commit the minor or child to the custody of the department. (Acts 1975, No. 1205, p. 2384,
§5-137; Acts 1985, 2nd Ex. Sess., No. 85-928; §12-15-90; amended and...
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26-10A-19
Section 26-10A-19 Investigation. (a) A pre-placement investigation shall be made to determine
the suitability of each petitioner and the home in which the adoptee will be placed. The investigation
shall include a criminal background investigation and any other circumstances which might
be relevant to the placement of an adoptee with the petitioners. A copy of the pre-placement
investigation shall be filed with the court when the petition for adoption is filed. (b) An
individual or couple may initiate a pre-placement investigation by request directly through
the Department of Human Resources or a licensed child placing agency or by filing a request
with the probate court. The court may appoint any agency or individual qualified under subsection
(d) to perform the pre-placement investigation. Upon completion of the investigation, a copy
of the report shall be sent to the petitioners. The report is to be filed with the court at
the time of the filing of the petition for adoption. (c)...
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38-12-31
Section 38-12-31 Legislative findings. The Legislature finds and declares the following: (1)
There exists in this state a number of children who cannot reside with their parents, legal
guardians, or legal custodians because of such parents', legal guardians', or custodians'
incapacity or inability to perform the regular and expected functions of care and support
of the children and family care and who thereby come to the attention of juvenile court and
into the care and custody of the Department of Human Resources. (2) An increasing number of
relatives, including grandparents, find themselves wanting to provide care to related foster
children on a long-term basis to prevent the children from remaining in foster care with unrelated
caregivers yet these relatives are either unable or unwilling to seek termination of the legal
relationships between the parent and the child, particularly when it is the caregiver's own
child or sibling who is the parent. (3) It is in the public interest to...
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