Code of Alabama

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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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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.)...
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38-15-4
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 shall be afforded the following rights and any other rights adopted by the department
through rule, which shall be publicly posted and accessible to youth: a. To be afforded dignity
in his or her personal relationships with staff, youth, and other persons. b. To live
in a safe, healthy, and comfortable environment where he or she is treated with respect. c.
To be free from physical, sexual, emotional, or other abuse or corporal punishment. d. To
be granted a reasonable level of personal privacy in accommodations, personal
care and assistance, and visits. e. To confidential care of his or her records and personal
information, and to approve release of those records prior to the release of...
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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...
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45-49-252
Section 45-49-252 Definitions. The following words, phases, or terms as used in this part,
unless the context indicates otherwise, shall have the following meanings: (1) ABANDONED PROPERTY.
Wrecked or derelict property having no value other than nominal salvage value, if any, which
has been left abandoned and unprotected from the elements and shall include wrecked, inoperative,
or partially dismantled motor vehicles, trailers, boats, machinery, refrigerators, washing
machines, plumbing fixtures, and other similar articles which have no value other than nominal
salvage value, if any; and is in a condition violative of Alabama statutes. (2) ADMINISTRATIVE
DEPARTMENT. The department charged by the Mobile County Commission with the administrative
management of this part. (3) COMMISSION. The Mobile County Commission of Mobile County, Alabama.
(4) BULKY WASTE. Items whose large size precludes or complicates their handling by normal
collection, processing, or disposal methods. (5) BUNDLE. A...
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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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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
witness or for return to their lawful residence or country of citizenship shall be reported
as violations of the deinstitutionalization of status offender requirement. (3) NONOFFENDERS.
Nonoffenders, as defined in this article, shall not be detained or confined in secure custody.
(4) CHILDREN 10 YEARS OF AGE AND YOUNGER. Children 10 years of age and younger shall not be
detained or confined in secure custody, unless the children are charged with offenses causing
death or serious bodily injury to persons or offenses that would be classified as Class
A felonies if committed by adults. Children 11 or 12 years of age may only be detained or
confined in secure custody by orders of juvenile courts, unless the children are charged with
offenses causing death or serious bodily injury to persons or offenses that would be
classified as Class A felonies if committed by adults. (b) Persons who may be detained or
confined in secure custody include all of the following: (1) Persons who violate...
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38-7-3
Section 38-7-3 License to operate or conduct child-care facility - Requirements; recordkeeping;
parental notifications, etc.; affidavits; inspections and investigations. (a) No person, group
of persons, or corporation may operate or conduct any facility for child care, as defined
in this chapter, without being licensed or approved as provided in this chapter. (b)(1) Except
as provided in subdivision (2), the licensure requirements of this chapter do not apply to
a child-care facility that is operating as an integral part of a local church ministry or
a religious nonprofit school, and is so recognized in the church or school's documents, whether
operated separately or as a part of a religious nonprofit school unit, secondary school unit,
or institution of higher learning under the governing board or authority of the local church
or its convention, association, or regional body to which it may be subject. (2) A child-care
facility that receives state or federal funds or is operating for...
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12-15-127
or shelter care is required pursuant to Section 12-15-128. The juvenile court intake officer
may allow release with or without electronic or telephone monitoring pending the 72-hour hearing
requirement. (c) A person taking a child or minor into custody pursuant to subdivision (3)
of subsection (a) of Section 12-15-125 shall bring the child or minor to a medical or mental
health facility if the child or minor is believed to be suffering from a serious mental health
condition, illness, or injury which requires either prompt treatment or prompt diagnosis
for the welfare of the child or minor or for evidentiary purposes, and, in the most expeditious
manner possible, give notice of the action taken together with a statement of taking the child
or minor into custody in writing to the court, the parents, legal guardian or other legal
custodian and to the intake office and to the Department of Human Resources in the case of
a dependency allegation. (Acts 1975, No. 1205, p. 2384, §5-120;...
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