|
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-315.htm - 7K - Match Info - Similar pages
12-15-314
care to participate in activities that are age or developmentally appropriate for the child
based on a reasonable and prudent parent standard, provided the activities are consistent
with provisions of any existing court order, individualized service plan, or promulgated policy
of the department that provides guidance to caregivers concerning the reasonable and prudent
parent standard. The guidance shall include factors for the caregiver to consider prior to
allowing a child to participate in age or developmentally appropriate normal childhood activities.
(2) A caregiver shall be immune from liability in a civil action to recover damages for injury,
death, or loss to person or property that results from a caregiver's decisions using a reasonable
and prudent parent standard. This subsection shall not be construed to remove or limit any
existing liability protection provided by law. (Act 2008-277, p. 441, §18; Act 2010-712,
p. 1744, §13; Act 2016-129, p. 290, §1; Act 2018-273, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-314.htm - 17K - Match Info - Similar pages
12-15-319
child is in clear and present danger of being tortured, abused, cruelly beaten, or otherwise
maltreated as evidenced by the treatment of a sibling. (4) Conviction of and imprisonment
for a felony. (5) Commission by the parents of any of the following: a. Murder or manslaughter
of another child of that parent. b. Aiding, abetting, attempting, conspiring, or soliciting
to commit murder or manslaughter of another child of that parent. c. A felony assault or abuse
that results in serious bodily injury to the surviving child or another child of that
parent. The term serious bodily injury means bodily injury that involves substantial
risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted
loss or impairment of the function of a bodily member, organ, or mental faculty. (6) Unexplained
serious physical injury to the child under those circumstances as would indicate that
the injuries resulted from the intentional conduct or willful neglect of the parent. (7)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-319.htm - 6K - Match Info - Similar pages
12-15-301
is a relative of the child and has been providing care and support for the child while the
child has been residing in the home of the caregiver for at least the last six consecutive
months while in the legal custody of the Department of Human Resources or a designated official
for a child-placing agency or a successor guardian. (4) CHILD ABUSE. Harm or the risk of harm
to the emotional health, physical health, or welfare of a child, which can occur through nonaccidental
physical or mental injury, sexual abuse, or attempted sexual abuse or sexual exploitation
or attempted sexual exploitation. (5) CHILD-PLACING AGENCY. The same as the term is defined
in subdivision (3) of Section 38-7-2. (6) ELIGIBLE CHILD. In addition to the definition of
child in subdivision (3) of Section 12-15-102, an individual under 18 years of age who has
been residing with the caregiver for at least the last six consecutive months while in the
legal custody of the Department of Human Resources. (7) FORENSIC...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-301.htm - 7K - Match Info - Similar pages
38-12A-2
to have been perpetrated by a member of the foster parent's household, the process for disposition
of these allegations, and any review process for reports of indicated child abuse and neglect
upon receipt of the allegations. A written notification of any report in which a finding is
not indicated on the county level shall be provided to a foster parent within five days of
the findings. (21) The right to copies of all information relative to their family and services
contained in the personal foster home record. (22) The right to mediation procedures
that may be developed and adopted by the department and the Alabama Foster and Adoptive Parent
Association Board. The foster parent may request mediation in accordance with any mediation
policy adopted by the department and the Alabama Foster and Adoptive Parent Association Board
without threat of reprisal. (23) The right to appeal the closing of a foster family home by
the department in accordance with any appeal procedure adopted...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-12A-2.htm - 7K - Match Info - Similar pages
12-15-312
that the crime of rape, sodomy, incest, or other sexual abuse actually occurred by the parent
against a child in any instance where the parent has been convicted as described in this subdivision.
(4) Aided or abetted, attempted, conspired, or solicited to commit murder or manslaughter
of another child or aided or abetted, attempted, conspired, or solicited to commit murder
or manslaughter of the other parent of the child. (5) Committed a felony assault which resulted
in serious bodily injury to the child or another child or to the other parent of the
child. The term serious bodily injury means bodily injury which involves substantial
risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted
loss or impairment of the function of a bodily member, organ, or mental faculty. (d) Nothing
in the exceptions to making reasonable efforts listed in subsection (c) shall be interpreted
to require the reunification of a child with a stepparent or paramour of a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-312.htm - 6K - Match Info - Similar pages
26-14-8
Section 26-14-8 Statewide central registry. (a) For the purposes of this section, the following
words shall have the following meanings, respectively: (1) INDICATED. When credible evidence
and professional judgment substantiates that an alleged perpetrator is responsible for child
abuse or neglect. (2) NOT INDICATED. When credible evidence and professional judgment does
not substantiate that an alleged perpetrator is responsible for child abuse or neglect. (b)
The Department of Human Resources shall establish a statewide central registry for reports
of child abuse and neglect made pursuant to this chapter. The central registry shall contain,
but shall not be limited to: (1) All information in the written report; (2) Record of the
final disposition of the report, including services offered and services accepted; (3) The
names and identifying data, dates, and circumstances of any persons requesting or receiving
information from the registry; provided, however, that requests for...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-14-8.htm - 6K - Match Info - Similar pages
12-15-215
Section 12-15-215 Disposition of delinquent children or children in need of supervision generally.
(a) If the juvenile court finds on proof beyond a reasonable doubt, based upon competent,
material, and relevant evidence, that a child committed the acts by reason of which the child
is alleged to be delinquent or in need of supervision, it may proceed immediately to hear
evidence as to whether the child is in need of care or rehabilitation and to file its findings
thereon. In the absence of evidence to the contrary, a finding that the child has committed
an act which constitutes a felony is sufficient to sustain a finding that the child is in
need of care or rehabilitation. If the juvenile court finds that the child is not in need
of care or rehabilitation, it shall dismiss the proceedings and discharge the child from any
detention or other temporary care theretofore ordered. If the juvenile court finds that the
child is in need of care or rehabilitation, it may make any of the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-215.htm - 8K - Match Info - Similar pages
38-12-2
Section 38-12-2 Program established. (a) There is established a Kinship Foster Care Program
in the State Department of Human Resources. (b) When a child has been removed from his or
her home and is in the care, custody, or guardianship of the department, the department shall
attempt to place the child with a relative for kinship foster care. If the relative is approved
by the department to provide foster care services, in accordance with rules and regulations
adopted by the department regarding foster care services, and a placement with the relative
is made, the relative may receive payment for the full foster care rate only as provided by
federal law for the care of the child and any other benefits that might be available to foster
parents, whether in money or in services. Foster care payments shall cease upon the effective
date of the kinship subsidiary payments or as provided by the department. (c) The department
shall establish standards for becoming a kinship foster parent as...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-12-2.htm - 2K - Match Info - Similar pages
12-15-317
in the custody of the Department of Human Resources for 12 of the most recent 22 months. b.
If a child has been abandoned. c. If the parent has committed murder of another child of that
parent. d. If the parent has committed manslaughter of another child of that parent. e. If
the parent has aided, abetted, attempted, conspired, or solicited to commit murder or manslaughter
of another child of that parent. f. If the parent has committed a felony assault that has
resulted in serious bodily injury, as defined in paragraph c. of subdivision (5) of
subsection (a) of Section 12-15-319, to the child, to another child of the parent, or to the
other parent of the child. (2) Exceptions to mandatory filing shall include any of the following
factors: a. The child is being cared for by a relative. b. The Department of Human Resources
has documented in the individualized service plan, which shall be available for review by
the juvenile court, a compelling reason for determining that filing a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-317.htm - 2K - Match Info - Similar pages
|