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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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38-12-35
Section 38-12-35 Subsidies - Amount. The amount of a kinship guardianship subsidy shall be
determined according to this section and as provided by rules of the department. The subsidy
may be paid monthly and the monthly amount may not exceed the monthly foster care maintenance
board payment for the child if the child were to remain in the care or custody of the department,
without regard to the sources of the funds. No foster care maintenance board payment and kinship
subsidy payment shall be paid for the same child for the same period of time. The kinship
guardianship subsidy may only be provided for an eligible child. Subject to rules adopted
by the department, the subsidy may include up to the federally established amount for nonrecurring
expenses, including attorney's fees, incurred by the kinship guardian or successor guardian
to complete the kinship guardianship or successor guardianship in court. Subsidy payments
are subject to the availability of funds and the allocation of...
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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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40-18-360
Section 40-18-360 Definitions. As used in this article, the following terms shall have the
following meanings: (1) COMMISSIONER. The Commissioner of Revenue of the State of Alabama.
(2) PRIVATE ADOPTION. An adoption through a private agency in which the adoptive parent(s)
reside in Alabama. (3) QUALIFIED FOSTER CHILD. Any individual who: a. is in the permanent
legal custody of the Alabama Department of Human Resources; and/or b. is placed in a licensed
or approved foster home by the Alabama Department of Human Resources for the purpose of adoption
pursuant to an approved case plan. (Act 2014-413, p. 1517, §1; Act 2018-549, §1.)...
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38-7-10
Section 38-7-10 License to operate or conduct child-care facility - Investigation of operation
without license; report to attorney general for prosecution. Whenever the department is advised
or has reason to believe that any person, group of persons or corporation is operating a child-care
facility without a license or an approval or a six-month permit, it may make an investigation
to ascertain the fact. If it finds that the child-care facility is being operated or has operated
without a license or an approval or a six-month permit, it shall report the results of its
investigation to the Attorney General and to the appropriate district attorney for prosecution;
provided, however, that the department may delay in making said report to the Attorney General
for a reasonable period of time, not to exceed 60 days, in order to give the person, group
of persons or corporation operating the child-care facility reasonable opportunity to apply
for a license or an approval or a six-month permit,...
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26-10A-7
Section 26-10A-7 Persons whose consents or relinquishment are required. (a) Consent to the
petitioner's adoption or relinquishment for adoption to the Department of Human Resources
or a licensed child placing agency shall be required of the following: (1) The adoptee, if
14 years of age or older, except where the court finds that the adoptee does not have the
mental capacity to give consent; (2) The adoptee's mother; (3) The adoptee's presumed father,
regardless of paternity, if: a. He and the adoptee's mother are or have been married to each
other and the adoptee was born during the marriage, or within 300 days after the marriage
was terminated by death, annulment, declaration of invalidity, or divorce, or after a decree
of separation was entered by a court; or b. Before the adoptee's birth, he and the adoptee's
mother have attempted to marry each other by a marriage solemnized in apparent compliance
with law, although the attempted marriage is or could be declared invalid, and, 1. If...
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38-10-5
Section 38-10-5 Form and effect of assignment of child support payments to department. Notwithstanding
any other provisions of this article, as a condition of eligibility for aid, each recipient
of aid to families with dependent children shall have assigned to the department by operation
of law any rights to support from any other person which such recipient may have in his own
behalf or in behalf of any other family member for whom the recipient is receiving aid, which
accrued at the time such assignment is executed, which continue to accrue until said recipient
family ceases to receive aid and which may have effect as provided by the Social Security
Act and amendments thereto. Such assignment to the department of the rights to any support
owed up to the amount of aid paid by the department to the recipient shall conform with the
requirements of the Social Security Act and amendments thereto. Such assignment shall make
the department assignee of and to the right of such child or...
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26-10A-18
Section 26-10A-18 Custody pending final decree. Once a petitioner has received the adoptee
into his or her home for the purposes of adoption and a petition for adoption has been filed,
an interlocutory decree shall be entered delegating to the petitioner (1) custody, except
custody shall be retained by the Department of Human Resources or the licensed child placing
agency which held custody at the time of the placement until the entry of the final decree
and (2) the responsibility for the care, maintenance, and support of the adoptee, including
any necessary medical or surgical treatment, pending further order of the court. This interlocutory
decree shall not stop the running of time periods prescribed in Section 26-10A-9. (Acts 1990,
No. 90-554, p. 912, §18; Act 2002-417, p. 1061, §1.)...
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22-9A-11
Section 22-9A-11 Court reports of adoption. (a) For each adoption decreed by a court of competent
jurisdiction in this state, the court shall require the preparation of a report of adoption
on a form prescribed and furnished by the State Registrar. The report shall indicate those
facts necessary to locate and identify the certificate of birth of the person adopted or in
the case of a person who was born in a foreign country, evidence from sources determined to
be reliable by the court as to the date and place of birth of the person. The report shall
provide information necessary to establish a new certificate of birth of the person adopted,
identify the order of adoption, and be certified by the clerk of the court. (b) Information
necessary to prepare the report of adoption shall be furnished by each petitioner for adoption
or his or her attorney. The child-placing agency or any person having knowledge of the facts
shall supply the court with additional information as may be necessary...
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38-10-9
Section 38-10-9 Investigations by department as to location of parents and ability of parents
to furnish child support; authority to notify parent of support duty; falsification of report
as to parent's income, etc.; citation to require in-court testimony; employer's duty to provide
certain information. (a) The department is authorized and empowered to conduct investigations
to determine the location of parents and putative parents alleged or known to owe child support.
(b) The department is authorized and empowered to conduct investigations to determine the
location, income, and assets including real or personal property or income producing property
of parents alleged or known to have a child support obligation. (c) The department is authorized
and empowered to notify a parent of his legal duty to provide support and to require information
concerning his financial status in order to determine whether or not he is financially able
to provide support. (d) Such notice may inform the...
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