Code of Alabama

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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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26-10A-15
Section 26-10A-15 Surrender of custody of minor under age of majority. (a) No health facility
shall surrender the physical custody of an adoptee to any person other than the Department
of Human Resources, a licensed child placing agency, parent, relative by blood or marriage,
or person having legal custody, unless such surrender is authorized in a writing executed
after the birth of the adoptee by one of the adoptee's parents or agency or the person having
legal custody of the adoptee. (b) A health facility shall report to the Department of Human
Resources on forms supplied by the department, the name and address of any person and, in
the case of a person acting as an agent for an organization, the name and address of the organization
to whose physical custody an adoptee is surrendered. Such report shall be transmitted to the
department within 48 hours from the surrendering of custody. (c) No adoptee shall be placed
with the petitioners prior to the completion of a pre-placement...
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26-14-7.1
Section 26-14-7.1 Due process rights for persons under investigation by department. Any person
who comes under investigation by the Department of Human Resources for the abuse or neglect
of a child or children and who is employed by, serves as a volunteer for, holds a license
or certificate for, or is connected with any facility, agency, or home which cares for and
controls any children and which is licensed, approved, or certified by the state, operated
as a state facility, or any public, private, or religious facility or agency that may be exempt
from licensing procedures shall be granted the following due process rights by the Department
of Human Resources: (1) The department shall notify the alleged perpetrator that an investigation
has commenced against him or her after such investigation has officially begun in accordance
with written policies established by the Department of Human Resources. The notice shall be
in writing and shall state the name of the child or children...
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38-12-32
Section 38-12-32 Definitions. As used in this article, the following terms shall have the following
meanings: (1) CAREGIVER. An individual 21 years of age or older, other than a child's parent,
legal guardian, or legal custodian who is an approved foster parent, who is a relative of
the child, and who has been providing care and support for the child while the child has been
residing in the caregiver's home for at least the last six consecutive months while in the
legal custody of the Department of Human Resources, a designated official for a child-placing
agency, or a successor guardian. (2) CHILD. An individual under 18 years of age who is in
foster care with the caregiver and over whom a court has exercised continuing jurisdiction.
(3) COURT. The juvenile court. (4) DEPARTMENT. The Department of Human Resources. (5) KINSHIP
GUARDIAN. A caregiver who is willing to assume care of a child because of parental incapacity
of a parent, legal guardian, legal custodian, or other dependency...
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26-10-4.1
Section 26-10-4.1 Fee for investigation services involving adoption; disposition of moneys
received. (a) The State Department of Human Resources shall charge and collect a fee in the
amount of $300.00 for investigation services they perform in cases involving adoption, provided,
however, that in those adoption proceedings in which an investigation is specifically not
required by statute because the petitioner is a stepfather, stepmother, or closely related
relative, no fee shall be charged for investigation services. This fee shall not apply to
investigation services for cases in which a child was placed for adoption by the State Department
of Human Resources, in cases in which a child was placed for adoption as a result of or pursuant
to a court order in which parental rights in the child were terminated or in cases in which
the investigative services were performed by a licensed child-placing agency. The Department
of Human Resources may waive this fee in the case of an indigent and...
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40-18-360
Section 40-18-360 Definitions. As used in this article, the following terms shall have the
following meanings: (1) COMMISSIONER. The Commissioner of Revenue of the State of Alabama.
(2) PRIVATE ADOPTION. An adoption through a private agency in which the adoptive parent(s)
reside in Alabama. (3) QUALIFIED FOSTER CHILD. Any individual who: a. is in the permanent
legal custody of the Alabama Department of Human Resources; and/or b. is placed in a licensed
or approved foster home by the Alabama Department of Human Resources for the purpose of adoption
pursuant to an approved case plan. (Act 2014-413, p. 1517, §1; Act 2018-549, §1.)...
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38-15-4
Section 38-15-4 Registration of certain youth residential institutions or organizations; staff
training plans; rights of children; licensing and inspection of food preparation areas; access
by law enforcement agencies. (a) Commencing on January 1, 2018, the department shall register
any religious, faith-based, or church nonprofit, other nonprofit, or for profit affiliated
youth residential facility, youth social rehabilitation facility, community treatment facility
for youths, youth transitional care facility, long term youth residential facility, private
alternative boarding school, private alternative outdoor program, and any organization entrusted
with the residential care of children in any organizational form or combination defined by
this section, whenever children are housed at the facility or location of the program for
a period of more than 24 hours. At a minimum, registered youth residential institution or
organization under this section shall do all of the following: (1) Be...
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12-15-502
Section 12-15-502 Referral of multiple needs child case to county team. After the filing of
a petition alleging that a child is delinquent, dependent, or in need of supervision, or after
the filing of a petition seeking mental commitment of a minor or child pursuant to Article
4, the juvenile court, on its own motion or motion of a party, may refer the above-referenced
child to the county team for recommendation if the petition alleged or evidence reveals to
the juvenile court that the child may be a multiple needs child. If the case involves a child
in need of supervision, or a status offender as defined in subdivision (4) of Section 12-15-201,
who is at imminent risk of being placed in the legal or physical custody of the Department
of Human Resources, the juvenile court shall refer the case to the county team. This referral
may occur prior to any hearing, or the juvenile court may suspend proceedings during the hearing
or prior to disposition to review the findings and...
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26-10A-31
Section 26-10A-31 Confidentiality of records, hearing; parties. (a) After the petition is filed
and prior to the entry of the final decree, the records in adoption proceedings shall be open
to inspection only by the petitioner or his or her attorney, the investigator appointed under
Section 26-10A-19, any attorney appointed for the adoptee under Section 26-10A-22, and any
attorney retained by or appointed to represent the adoptee. Such records shall be open to
other persons only upon order of court for good cause shown. (b) All hearings in adoption
proceedings shall be confidential and shall be held in closed court without admittance of
any person other than interested parties and their counsel, except with leave of court. (c)
After the final decree of adoption has been entered, all papers, pleadings, and other documents
pertaining to the adoption shall be sealed, kept as a permanent record of the court, and withheld
from inspection except as otherwise provided in this section and in...
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12-15-208
Section 12-15-208 Facilities to be used for detention or shelter care of children generally;
when child may be detained in jail or other facility for detention of adults; notification
of juvenile court, when child received at facility for detention of adult offenders or persons
charged with crimes; development of statewide system; Department of Youth Services to subsidize
detention in regional facilities, may contract for detention; transfer of child to detention
facility, when case transferred from juvenile court for criminal prosecution. (a) Persons
who shall not be detained or confined in secure custody include all of the following: (1)
STATUS OFFENDERS. Effective October 1, 2009, status offenders, as defined in this article,
shall not be detained or confined in secure custody, except that a status offender who is
charged with or who commits a violation of a valid court order may be detained in secure custody
in a juvenile detention facility for up to 72 hours in any six-month...
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