Code of Alabama

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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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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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41-15B-2.2
5. Provision of other forensic services for children when requested by the council. b. The
Department of Forensic Sciences shall prepare an annual accounting of the distribution of
monies received and the effectiveness of programs implemented pursuant to this chapter and
shall file the accounting with the council before July 1. Sufficient safeguards shall be implemented
to ensure that the new monies increase and not supplant or decrease existing state support.
(12) One-half of one percent of the fund shall be allocated to the Department of Rehabilitation
Services for distribution to one or more of the following: a. Early intervention services
for children from birth through age three and services for children who have traumatic brain
injury. b. Child death review teams pursuant to Article 5 of Chapter 16 of Title 26.
The Department of Rehabilitation Services shall work in cooperation with the Department of
Public Health to administer this paragraph. (Act 99-390, p. 628, §3.)...
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26-10-25
Section 26-10-25 Subsidies - Agreements; type; amount; duration; limitation. When parents are
found and approved for adoption of a child certified as eligible for subsidy, and before the
final decree of adoption is issued, there must be a written agreement between the State Department
of Human Resources and the adopting family as to the terms and conditions of the subsidy.
Upon determination of eligibility, adoption subsidies in individual cases may commence at
any time after the adoption placement or at the appropriate time after the adoption decree,
and will vary with the needs of the child and as negotiated with the adoptive parent or parents,
and according to, as well as the availability of, other resources to meet the child's needs.
The subsidy may be for special services only, or for money payments, payment deferred, and
either for a limited period, or for a long term, or for any combination of the foregoing.
The amount of the time-limited or long-term subsidy may in no case...
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38-12-31
Section 38-12-31 Legislative findings. The Legislature finds and declares the following: (1)
There exists in this state a number of children who cannot reside with their parents, legal
guardians, or legal custodians because of such parents', legal guardians', or custodians'
incapacity or inability to perform the regular and expected functions of care and support
of the children and family care and who thereby come to the attention of juvenile court and
into the care and custody of the Department of Human Resources. (2) An increasing number of
relatives, including grandparents, find themselves wanting to provide care to related foster
children on a long-term basis to prevent the children from remaining in foster care with unrelated
caregivers yet these relatives are either unable or unwilling to seek termination of the legal
relationships between the parent and the child, particularly when it is the caregiver's own
child or sibling who is the parent. (3) It is in the public interest to...
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26-10-29
Section 26-10-29 Review of subsidy decision; appeal. (a) Any subsidy decision by the State
Department of Human Resources which the placement agency or the adoptive parents deem adverse
to the child is reviewable by the State Department of Human Resources. (b) In any case where
an application under this article is denied or an adoption subsidy is reduced or terminated,
the applicant or parent recipient shall have the right to appeal in writing to the department
for a hearing within 30 days of receipt of notice in accordance with the Alabama Administrative
Procedure Act. (Acts 1979, No. 79-691, p. 1231, §6; Act 2011-557, p. 1014, §1.)...
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26-10B-8
Section 26-10B-8 Department to provide coverage and benefits not provided by residence state;
procedure for reimbursement. The State Department of Human Resources shall provide coverage
and benefits for a child who is in another state and who is covered by an adoption assistance
agreement made by the State Department of Human Resources for coverage or benefits, if any,
not provided by the residence state. To this end, the adoptive parents acting for the child
must obtain prior approval from the State Department of Human Resources and may submit evidence
of payment for services or benefit amounts not payable in the residence state and shall be
reimbursed therefor. However, there shall be no reimbursement for services or benefit amounts
covered under any insurance or other third party medical contract or arrangement held by the
child or the adoptive parents. The State Department of Human Resources shall make regulations
implementing this section. Among other things, such regulations...
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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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38-13-3
Section 38-13-3 Criminal history background information check required for certain individuals;
exemptions. (a) On November 1, 2000, every employer, child care facility, adult care facility,
the Department of Human Resources, and child placing agency shall request the Alabama State
Law Enforcement Agency to conduct a criminal history background information check for the
following: (1) An employment applicant, employee or volunteer of an employer, child care facility,
adult care facility, or child placing agency. (2) A current foster parent for a child or adult
or adult household member of a foster family or applicant and an adult household member of
a foster family seeking approval to operate as a foster parent or foster family home for a
child placing agency or the Department of Human Resources. Unless otherwise provided in this
chapter, no criminal history background information check shall be conducted on a current
foster parent or household member of a foster family if a Federal...
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38-13-2
Place of abode, domicile, or dwelling with intention to remain permanently and continuously
or for an indefinite or uncertain length of time. (30) SEX CRIME. Includes any sex offense
listed in Section 15-20A-5. (31) SUITABILITY CRITERIA. a. Convictions for any of the following
crimes shall make an individual unsuitable for employment, volunteer work, approval, or licensure:
1. A violent offense as defined in Section 12-25-32. 2. A sex crime. 3. A crime that involves
the physical or mental injury or maltreatment of a child, the elderly, or an individual
with disabilities. 4. A crime committed against a child. 5. A crime involving the sale or
distribution of a controlled substance. 6. A crime or offense committed in another state or
under federal law which would constitute any of the above crimes in this state. b. Conviction
for any crime listed in the Adoption and Safe Families Act, 42 U.S.C. § 671(a)(20) shall
disqualify a person from being approved or continuing to be approved...
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