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26-1-4
Section 26-1-4 Alabama State Law Enforcement Agency to provide criminal conviction information
on applicants for positions involving child care and treatment; such information to be confidential;
applicant to be denied status if has felony conviction; children may be removed from home.
(a) Notwithstanding any other provisions of law to the contrary, upon request to the Alabama
State Law Enforcement Agency, by the Department of Human Resources, or by any other youth
service agency approved by the department, such center shall provide information to the department
or an approved agency concerning the felony criminal conviction record in this or another
state of an applicant for a paid or voluntary position, including one established by contract,
whose primary duty is the care or treatment of children, including applicants for adoption
or foster parents. All information, including any criminal conviction record, procured by
the department or an approved agency shall be confidential 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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38-7-2
Section 38-7-2 Definitions. Terms used in this chapter, unless the context otherwise requires,
have the meanings ascribed to them in this section. When not inconsistent with the context,
words used in the present tense include the future, words in the singular number include the
plural number, and words in the plural number include the singular number, and the word "shall"
is always mandatory and not merely directory: (1) CHILD. Any person under 19 years of age,
a person under the continuing jurisdiction of the juvenile court pursuant to Section 12-15-117,
or a person under 21 years of age in foster care as defined by the Department of Human Resources.
(2) CHILD-CARE INSTITUTION or INSTITUTION FOR CHILD CARE. A child-care facility where more
than 10 children are received and maintained for the purpose of providing them with care or
training or both, or transitional living program services, but does not include: a. Any institution
for child care which is under the ownership or control,...
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12-15-312
Section 12-15-312 Reasonable efforts in judicial determinations; situations in which reasonable
efforts are not required to be made. (a) When the juvenile court enters an order removing
a child from his or her home and places the child into foster care or custody of the Department
of Human Resources pursuant to this chapter, the order shall contain specific findings, if
warranted by the evidence, within the following time periods while making child safety the
paramount concern: (1) In the first order of the juvenile court that sanctions the removal,
whether continuation of the residence of the child in the home would be contrary to the welfare
of the child. This order may be the pick-up order that the juvenile court issues on the filing
of a dependency petition. (2) Within 60 days after the child is removed from the home of the
child, whether reasonable efforts have been made to prevent removal of the child or whether
reasonable efforts were not required to be made. (3) Within 12...
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38-2-6
Section 38-2-6 Duties, powers, and responsibilities of state department. The aim of the state
department shall be the promotion of a unified development of welfare activities and agencies
of the state and of the local governments so that each agency and each governmental institution
shall function as an integral part of a general system. In order to carry out effectively
these aims, it shall be the duty and responsibility of the state department to: (1) Administer
or supervise all forms of public assistance including general home relief, outdoor and indoor
care for persons in need of assistance, also including those duties that have to do primarily
with the determination of need and authorization of relief. (2) Exercise all the powers, duties,
and responsibilities previously vested by law in the State Child Welfare Department. (3) Provide
services to county or municipal governments including the organization and supervision of
counties for the effective carrying out of welfare...
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12-15-301
Section 12-15-301 Definitions. For purposes of this article, the following words and phrases
shall have the following meanings: (1) ABANDONMENT. A voluntary and intentional relinquishment
of the custody of a child by a parent, or a withholding from the child, 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 failure to perform the duties of a parent. (2) AGE APPROPRIATE or DEVELOPMENTALLY
APPROPRIATE. Activities or items that are generally accepted as suitable for children of the
same chronological age or level of maturity or that are determined to be developmentally appropriate
for a child based on the development of cognitive, emotional, physical, and behavioral capacities
that are typical for an age or age group and, in the case of a specific child, activities
or items that are suitable for the child based on the...
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16-40-9
Section 16-40-9 Instruction for avoiding child sexual abuse. (a)(1) The Legislature recognizes
that Erin Merryn was raped and molested for six and a half years by a neighbor and a family
member. She began a crusade her senior year of high school in 2004 to end the silence and
shame around sexual abuse. Erin's Law has been adopted in a number of states to help address
the problem of child sexual abuse. (2) The intent of Erin's Law is to shatter the silence
and stigma around child sexual abuse, and to educate children and empower them to recognize
and to report abuse. (3) The Legislature finds that without a specific initiative like Erin's
Law, schools generally fail to give young students adequate awareness and a voice in this
issue. (b) The Governor's Task Force on Prevention of Sexual Abuse of Children created under
subsection (c) shall adopt guidelines for a child sexual abuse prevention instructional program.
The guidelines shall: (1) Educate children in grades pre-kindergarten...
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30-3-4.2
Section 30-3-4.2 Grandparent visitation. (a) For the purposes of this section, the following
words have the following meanings: (1) GRANDPARENT. The parent of a parent, whether the relationship
is created biologically or by adoption. (2) HARM. A finding by the court, by clear and convincing
evidence, that without court-ordered visitation by the grandparent, the child's emotional,
mental, or physical well-being has been, could reasonably be, or would be jeopardized. (b)
A grandparent may file an original action in a circuit court where his or her grandchild resides
or any other court exercising jurisdiction with respect to the grandchild or file a motion
to intervene in any action when any court in this state has before it any issue concerning
custody of the grandchild, including a domestic relations proceeding involving the parent
or parents of the grandchild, for reasonable visitation rights with respect to the grandchild
if any of the following circumstances exist: (1) An action for...
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38-12A-2
Section 38-12A-2 Enumeration of rights. The Department of Human Resources shall ensure that
each foster parent shall have all of the following rights: (1) The right to be treated with
dignity, respect, trust, value, and consideration as a primary provider of foster care and
a member of the professional team caring for foster children. (2) The right to receive information
concerning the rights enumerated in this section. (3) The right to a concise written explanation
of their role as foster parents in partnership with children and their families, the department,
and other providers, the role of the department, and the rights and role of the members of
the birth family of a child in foster care. (4) The right to training and support for the
purpose of improving skills in providing daily care and meeting the needs of the child in
foster care. (5) The right to training, consultation, and assistance in evaluating, identifying,
and accessing services to meet their needs related to their role...
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26-14-7
Section 26-14-7 Duties of Department of Human Resources. (a) The State or County Department
of Human Resources shall make a thorough investigation promptly upon either the oral or written
report. The primary purpose of such an investigation shall be the protection of the child.
(b) The investigation, to the extent that is reasonably possible, shall include: (1) The nature,
extent and cause of the child abuse or neglect; (2) The identity of the person responsible
therefor; (3) The names and conditions of other children in the home; (4) An evaluation of
the parents or person responsible for the care of the child; (5) The home environment and
the relationship of the child or children to the parents or other persons responsible for
their care; and (6) All other data deemed pertinent. (c) The investigation may include a visit
to the child's home, an interview with the subject child, and may include a physical, psychological,
or psychiatric examination of any child or children in that home....
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