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26-14-6
Section 26-14-6 Temporary protective custody. A police officer, a law enforcement official,
or a designated employee of the State or County Department of Human Resources may take a child
into protective custody, or any person in charge of a hospital or similar institution or any
physician treating a child may keep that child in his or her custody, without the consent
of the parent or guardian, whether or not additional medical treatment is required, if the
circumstances or conditions of the child are such that continuing in his or her place of residence
or in the care and custody of the parent, guardian, custodian, or other person responsible
for the child's care presents an imminent danger to that child's life or health. However,
such official shall immediately notify the court having jurisdiction over juveniles of such
actions in taking the child into protective custody; provided, that such custody shall not
exceed 72 hours and that a court of competent jurisdiction and the...
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26-14-7.2
Section 26-14-7.2 Child denied medical treatment due to parents' religious beliefs. (a) When
an investigation of child abuse or neglect by the Department of Human Resources determines
that a parent or legal guardian legitimately practicing his or her religious beliefs has not
provided specific medical treatment for a child, the parent or legal guardian shall not be
considered a negligent parent or guardian for that reason alone. This exception shall not
preclude a court from ordering that medical services be provided to the child when the child's
health requires it. (b) The department may, in any case, pursue any legal remedies, including
the initiation of legal proceedings in a court of competent jurisdiction, as may be necessary
to provide medical care or treatment for a child when the care or treatment is necessary to
prevent or remedy serious harm to the child, or to prevent the withholding of medically indicated
treatments from infants with disabilities and with life-threatening...
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26-10-24
Section 26-10-24 Certification for subsidy; procedures; approval of plan. (a) Except in cases
involving foster parents, where the department has made reasonable efforts to locate an appropriate
family to adopt the child without the use of subsidy and no family has been found for the
child, the State Department of Human Resources shall certify the child as eligible for a subsidy,
provided the other requirements of this article are met. (b) In cases involving foster parents
where there is evidence to support the existence of potential danger to the child in severing
his or her emotional ties with his or her foster parents who are the prospective adoptive
parents, no evidence need be presented that reasonable efforts have been made to place the
child without subsidy. (c) Application for adoption subsidy shall be in the form and contain
the information required by the department. (d) The decision concerning certification of the
child for subsidy shall be made by the State Department of...
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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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26-10A-33
Section 26-10A-33 Crime to place children for adoption. Only a parent, a parent of a deceased
parent, or a relative of the degree of relationship specified in Section 26-10A-28, the Department
of Human Resources or a licensed child placing agency, or an agency approved by the Department
of Human Resources may place a minor for adoption. No person or entity other than the Department
of Human Resources or a licensed child placing agency shall engage in the business of placing
minors for adoption. Any person or entity making more than two unrelated placements of minors
for adoption within the preceding twelve-month period shall be deemed to be in the business
of placing minors for adoption. Any other person who places a minor for adoption is guilty,
upon the first conviction, of a Class A misdemeanor and upon subsequent convictions is guilty
of a Class C felony. This section does not intend to make it unlawful for any person not engaged
in the business of placing minors for adoption to...
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26-16-51
Section 26-16-51 Department of Human Resources to adopt guidelines and criteria; general role
and functions of teams. The Department of Human Resources shall adopt guidelines and criteria
relating to the operations and functions of the team as promulgated by the advisory committee
created pursuant to Section 26-16-52. The guidelines will be supplemental to the existing
protective service activities of the children, youth, and family programs of the State of
Alabama. Nothing in this section shall be construed to remove or reduce the duty and responsibility
of any person to report all suspected or actual cases of child abuse or neglect or sexual
abuse of a child pursuant to law. The general role of the teams shall be to support activities
of the program and to provide services to abused and neglected children upon referral by the
county departments of human resources, or any other agency as set forth in the guidelines
and criteria established. To the extent that resources are available...
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38-1-3
Section 38-1-3 Legal representative for handling public assistance payments of incompetents.
If any otherwise qualified applicant for or recipient of public assistance appears to be incapable,
physically or mentally, or both, of managing his public assistance payments, and has no legal
guardian, he, his spouse, father, mother, child, brother or sister, with the consent of the
Department of Human Resources, or the Department of Human Resources may petition the probate
judge for the appointment of a legal representative to handle his public assistance payments
only. The petition shall be accompanied by a certificate in writing of a physician which certificate
shall state that the physician upon examination believes the applicant or recipient to be
physically or mentally, or both, incapable of managing his public assistance payments. The
probate judge shall conduct a hearing for the purpose of appointing a competent person as
legal representative after notice of at least 10 days in...
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38-12-1
Section 38-12-1 Definitions. As used in this chapter the following words shall have the following
meanings: (1) DEPARTMENT. State Department of Human Resources. (2) FOSTER PARENT. Any person
with whom a child in the care, custody, or guardianship of the department, is placed for temporary
or long-term care, but shall not include any person with whom a child is placed for the purpose
of adoption. (Act 99-437, p. 864, ยง1.)...
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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...
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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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